Indian Wells City Council
September 5, 2024

CITY COUNCIL
Meeting Agenda

Thursday, September 5, 2024
1:30 PM
City Hall Council Chamber
44950 Eldorado Drive, Indian Wells, CA 92210

Welcome to a meeting of the Indian Wells City Council.

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Notification: If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act (ADA) please contact the City Clerk at 760-346-2489, 48 hours prior to the meeting.

Please turn off all communication devices (phones) or put them on non-audible mode (vibrate) during Council proceedings. All documents for public review are available for public inspection at City Hall reception, 44-950 Eldorado Drive, Indian Wells during normal business hours.

Pages
A. CONVENE THE INDIAN WELLS CITY COUNCIL, PLEDGE OF

ALLEGIANCE AND ROLL CALL

MAYOR GREG SANDERS

MAYOR PRO TEM BRUCE WHITMAN

COUNCIL MEMBER TY PEABODY

COUNCIL MEMBER DANA REED

COUNCIL MEMBER DONNA GRIFFITH
B. APPROVAL OF THE FINAL AGENDA
C. PROCLAMATIONS AND PRESENTATIONS
C.1 Hunger Action Month Presentation by FIND Food Bank Chief Executive Officer Debbie Espinosa
D. PUBLIC COMMENTS
Members of the Public who wish to speak on consent items OR items not listed on the agenda may do so at this time. Public Comments are limited to 3 minutes. Speakers will be alerted when their time is up and are then to return to their seats and no further comments will be permitted.

Please note that while the City Council values your comments, the Council cannot respond nor take action on matters not listed on the agenda until the matter may appear on the forthcoming agenda.

E. CITY MANAGER'S REPORTS
The City Manager or Department Heads may make brief
announcements, informal comments, or brief the Council on items of interest.

F. CITY ATTORNEY REPORTS AND COMMENTS
G. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered to be routine and will be approved by one motion. Reading of text of Ordinances is waived and Ordinances are adopted as second reading, by title only. There will be no separate discussion of these items unless members of the Council request specific items be removed from the Consent Calendar for separate discussion and action.

Council Agenda - September 5, 2024

G.1 Ordinance to Amend and Strengthen Code-Enforcement Provisions of the Municipal Code
10 RECOMMENDED ACTIONS:

Council ADOPTS Ordinance No. 758 to be read by title only and further reading waived, amending Chapter 8.08 of the Indian Wells Municipal Code relating to nuisance abatement and adding Chapter

1.28 of the Indian Wells Municipal Code relating to nuisance- abatement cost-recovery; and
FINDS the action to be exempt from the provisions of the California Environmental Quality Act (“CEQA”) under state CEQA Guidelines section 15378(b)(5).

G.2 Amendment to Animal Services Agreement with County of Riverside 29 RECOMMENDED ACTIONS:

Council APPROVES First Amendment to the Animal Services Agreement with the County of Riverside; and
DIRECTS City Manager or their designee to execute any agreement for same; and
FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).

G.3 Finance Committee Actions for Communication’s Plan 69 RECOMMENDED ACTIONS:

Council RECIEVES and FILES the Finance Committee
Recommendations for Content and Funding of Communication Plan enhancements; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under Guidelines section 15061(b)(3).

Council Agenda - September 5, 2024

G.4 Annual League of California Cities Conference Voting Delegate Appointments
71 RECOMMENDED ACTIONS:

Council DESIGNATES Council Member Dana Reed as the Voting Delegate and Mayor Pro Tem Bruce Whitman as the Alternate Voting Delegate for the City of Indian Wells at the 2024 League of California Cities Annual Conference held on October 16-18, in Sacramento; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15061(b)(3).

G.5 Recruitment and Interview Schedule for Planning Commission and Coachella Valley Mosquito & Vector Control District
74 RECOMMENDED ACTIONS:

Council APPROVES the recruitment schedule and DESIGNATES Mayor Sanders and Councilmember Griffith to serve as the Ad-Hoc Interview Committee for the Planning Commission and Coachella Valley Mosquito & Vector Control District; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15061(b)(3).

G.6 Request for Supplemental Appropriation to Modernize City Hall Security System
76 RECOMMENDED ACTIONS:

Council APPROVES a supplemental appropriation for $100,000 to upgrade the City Hall security system. Improvements include updated security components in City Hall including motion sensors, panic buttons, glass break sensors, and cameras; and
FINDS the project to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).

Council Agenda - September 5, 2024

G.7 Grant of Utility Easement to Southern California Edison 91 RECOMMENDED ACTIONS:

Council APPROVES grant of easement to Southern California Edison (“SCE”) for SCE to construct, maintain, operate, and repair any SCE-installed infrastructure located on the Indian Wells Civic Center Campus.

FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).

G.8 City Treasurer’s Report for June 2024 98
RECOMMENDED ACTIONS:

Council RECEIVES and FILES the City Treasurer’s Report for June 2024; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

H. PUBLIC HEARINGS
For each of the items listed under PUBLIC HEARING ITEMS, the public will be provided an opportunity to speak. After a staff report is provided, the Mayor will open the public hearing. At that time the applicant will be allowed five (5) minutes to make a presentation on the case. Members of the public will then be allowed three (3) minutes each to speak, unless there are a number of person’s wishing to speak and then the Mayor will allow only two (2) minutes, to accommodate for more persons.

The City Council may ask the speakers questions relative to the case and the testimony provided. The question period will not count against your time limit. After all persons have spoken, the applicant will be allowed three minutes to summarize or rebut any public testimony. The Mayor will then close the public hearing portion of the hearing and deliberate the matter.

Council Agenda - September 5, 2024

H.1 Ordinance Amending Chapter 21.32 Relating to Time-Share Provisions of the Municipal Code
117
RECOMMENDED ACTIONS:

Council INTRODUCES and DISCUSSES an ordinance adding Chapter

21.32 “Time-Share Uses” and deleting Section 21.04.090 from Title 21 of the Indian Wells Municipal Code reinforcing the City’s prohibition against time-share uses within the City; and APPROVES the ordinance to be brought back for second reading and adoption; and
FINDS the action to be exempt from the provisions of the California Environmental Quality Act (“CEQA”) under state CEQA Guidelines sections 15060(c)(2), 15060(c)(3), and 15061(b)(3).

I. GENERAL BUSINESS
The Mayor will call upon the members of the public to address the Council regarding the agenda item being considered. After the public has provided comment, the item is closed to further comment and brought to the Council for discussion and action.

I.1 Implementation of a City Pension Policy 138
RECOMMENDED ACTIONS:

Council DISCUSSES and APPROVES the Implementation of a Pension Policy; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

I.2 Implementation of a General Fund Operating Reserve Policy 149 RECOMMENDED ACTIONS:

Council APPROVES and ADOPTS the Implementation of a General Fund Operating Reserve Policy; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

Council Agenda - September 5, 2024

I.3 Council’s Request to Review City’s Hedge Height and Tree Regulations
160
RECOMMENDED ACTIONS:

Council DISCUSSES and provides DIRECTION for reviewing the City’s hedge height and tree regulations.

I.4 Comprehensive Traffic Safety Action Plan 177
RECOMMENDED ACTIONS:

Council APPROVES the Comprehensive Traffic Safety Action Plan and the accompanying Resolution; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(c).

J. COUNCIL MEMBER'S REPORTS
Council Members may ask a question for clarification, make a referral to staff, or take action to have staff place a matter of business on a future agenda.

J.1 Councilmember Reed Request to Place a Discussion Item on a Future City Council Agenda
415
RECOMMENDED ACTIONS:

Council DISCUSSES and provides DIRECTION on Councilmember Reed’s request to place a discussion item on a future City Council agenda.

J.2 Councilmember Peabody Request to Place a Discussion Item on a Future City Council Agenda
416
RECOMMENDED ACTIONS:

Council DISCUSSES and provides DIRECTION on Councilmember Peabody’s request to place a discussion item on a future City Council agenda.

Council Agenda - September 5, 2024

K. COUNCIL MEMBER'S REPORTS AND COMMENTS
On their own initiative, Council Members may make a brief announcement or a brief report on their own activities.

K.1 COUNCIL MEMBER GRIFFITH
CVAG Conservation Commission
CVAG Energy & Sustainability Committee
CVAG Homelessness Committee
Indian Wells Community Activities Committee
Indian Wells Golf Resort Advisory Committee
Indian Wells Grants In Aid Committee
Indian Wells Finance/Legal Services Oversight Committee K.2 COUNCIL MEMBER REED
California Joint Powers Insurance Authority
CVAG Transportation Committee
Indian Wells Marketing Committee
Riverside County Transportation Commission
Southern California Association of Governments
K.3 COUNCIL MEMBER PEABODY
Cove Communities Services Commission
Coachella Valley Animal Campus
Indian Wells Golf Resort Advisory Committee
Indian Wells Marketing Committee
Sunline Transit Agency
K.4 MAYOR PRO TEM WHITMAN
Coachella Valley Economic Partnership
Coachella Valley Mountains Conservancy
Council Ad Hoc Governance Committee
Council Ad Hoc Measure J Committee
CVAG Public Safety Committee
Desert Sands Unified School District
Indian Wells Personnel Committee
Indian Wells Public Safety
Indian Wells Tee Committee
Council Agenda - September 5, 2024

K.5 MAYOR SANDERS
Cove Communities Services Commission
Council Ad Hoc Governance Committee
Council Ad Hoc Measure J Committee
CVAG Executive Committee
Desert Sand Unified School District
Indian Wells Finance & Legal Services Oversight Committee Indian Wells Personnel Committee
Indian Wells Public Safety Committee
Indian Wells Tee Committee
Visit Greater Palm Springs
L. ADJOURNMENT
To an adjourned regularly scheduled meeting of the City Council to be held at 1:30 p.m. on October 24, 2024 in the City Hall Council Chamber.

Affidavit of Posting,
I, Angelica Avila, certify that on August 30, 2024, I caused to be posted a notice of a City Council Meeting to be held on September 5, 2024 at 1:30 p.m. in the City Hall Council Chamber.

Notices were posted at Indian Wells Civic Center and City's Website [www.cityofindianwells.org]
________________________
Angelica Avila, MMC,
City Clerk
Council Agenda - September 5, 2024

Presentation: September 5, 2024
Item C.1
Submitted Public Comment:

September 5, 2024
Ty Peabody

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INDIAN WELLS CITY COUNCIL
September 5, 2024

To: City Council
From: City Attorney
Prepared by: Todd Leishman, Best Best & Krieger LLP
Subject: Ordinance to Amend and Strengthen Code-Enforcement Provisions of the Municipal Code

RECOMMENDED ACTIONS:

Council ADOPTS Ordinance No. 758 to be read by title only and further reading waived, amending Chapter 8.08 of the Indian Wells Municipal Code relating to nuisance abatement and adding Chapter 1.28 of the Indian Wells Municipal Code relating to nuisance-abatement cost-recovery; and

FINDS the action to be exempt from the provisions of the California Environmental Quality Act (“CEQA”) under state CEQA Guidelines section 15378(b)(5).

FISCAL IMPACT:

The proposed ordinance will not result in any new cost to the City, but it should increase the likelihood and extent of the City recovering its costs of enforcement.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

Adoption of this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) because the Ordinance is not a CEQA “project” under State CEQA Guidelines section 15378(b)(5), which provides that organizational and admin istrative activities of governments that will not result in physical environmental impacts are not CEQA projects, and here the proposed amendments refine and clarify Municipal Code provisions and correct clerical errors. Further, the City Council finds that State CEQA Guidelines section 15061(b)(3) exempts those activities for which it can be seen with certainty that there is no potential to result in significant environmental effects. The Ordinance has no potential to result in physical change to the envi ronment, directly or indirectly, as the Ordinance only provides for summary abatement procedures for nuisances and does not propose nor authorize any action that would have the potential to cause a physical change in the environment, directly or indirectly . Further, the Ordinance has no potential to result in physical change to the environment, directly or indirectly, as the Ordinance merely

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removes the current requirement under the Municipal Code that involuntary abatement procedures have an automatic hearing. Accordingly, the City Council directs staff to file a notice of exemption within five days of the adoption of this Ordinance.

ATTACHMENTS:

1. Ordinance

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ORDINANCE NO. 758

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS AMENDING CHAPTER 8.08 OF THE CITY OF INDIAN WELLS MUNICIPAL

CODE RELATING TO NUISANCE ABATEMENT AND ADDING CHAPTER

1.28 OF THE INDIAN WELLS MUNICIPAL CODE RELATING TO NUISANCE

ABATEMENT COST RECOVERY
WHEREAS, the City of Indian Wells, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City is authorized by California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, Government Code sections 38773.1 and 38773.5 provide that a city may, by ordinance, provide for the recovery of nuisance abatement costs, including attorneys’ fees, in any action, administrative proceeding, or special proceeding to abate a nuisance; and WHEREAS, the City places a high value on protecting community character, land values, and the general public, health, safety and welfare, and has previously adopted numerous ordinances to help ensure such protection; and
WHEREAS, public nuisances, as designated by the Indian Wells Municipal Code, occur regularly, and occasionally require the City to take abatement action at significant cost and expense; and
WHEREAS, the City’s attorney fees incurred to abate public nuisances can be substantial and should be borne by the violator; and
WHEREAS, various provisions of the Indian Wells Municipal Code provide for nuisance abatement and cost recovery; and
WHEREAS, the purpose of this Ordinance is to enhance the clarity, simplicity, and user- friendliness of the City’s nuisance abatement and cost recovery provisions in order to make the City’s code enforcement efforts more efficient and effective; and WHEREAS, the purpose of this Ordinance is to further modernize the code enforcement and nuisance abatement tools to help protect the public health, safety and welfare, and to ensure cost recovery to the fullest extent as authorized by law; and WHEREAS, the City Council finds that the adoption and implementation of the procedures and standards set forth below for the identification and abatement of public nuisances, whether or not posing an immediate threat to public health and safety, is within the City ’s power and authority to protect the public health, safety, and welfare of the City’s residents; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

ATTACHMENT #1

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City of Indian Wells
Ordinance No.758

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. IWMC Amendment. Chapter 8.08 [Nuisance Abatement Procedures] of the Indian Wells Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by reference.

SECTION 3. IWMC Addition. Chapter 1.28 [Nuisance Abatement Cost Recovery] of the Indian Wells Municipal Code is hereby added to read in its entirety as provided in Exhibit B, attached hereto and incorporated herein by reference.

SECTION 4. Effect of Restatement. All restated, unamended provisions of the Indian Wells Municipal Code that are repeated herein are repeated only to aid decision makers and the public in understanding the effect of the proposed changes. Restatement of existing provisions does not constitute a new enactment.

SECTION 5. CEQA. This Ordinance is not subject to the California Environmental Quality Act (CEQA) because the Ordinance is not a CEQA “project” pursuant to State CEQA Guidelines section 15378(b)(5), which provides that organizational and administrative activities of governments that will not result in physical environmental impacts are not CEQA projects, and here the proposed amendments refine and clarify Municipal Code provisions and correct clerical errors. Further, the City Council finds that State CEQA Guidelines section 15061(b)(3) exempts those activities for which it can be seen with certainty that there is no potential to result in significant environmental effects. The Ordinance has no potential to result in physical change to the environment, directly or indirectly, as the Ordinance only provides for summary abatement procedures for nuisances and does not propose nor authorize any action that would have the potential to cause a physical change in the envir onment, directly or indirectly. Further, th e Ordinance has no potential to result in physical change to the environment, directly or indirectly, as the Ordinance merely removes the current requirement under the Municipal Code that involuntary abatement procedures have an automatic hearing. Accordin gly, the City Council directs staff to file a notice of exemption within five days of the adoption of this Ordinance.

SECTION 6. Effective Date. This ordinance takes effect 30 days after its adoption.

SECTION 7. Certification. The City Clerk of the City of Indian Wells shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

SECTION 8. Severability. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would adopt this resolution irrespective of the invalidity of any portion thereof.

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City of Indian Wells
Ordinance No.758

PASSED, APPROVED AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on the 5th day of September 2024.

______________________________

GREG SANDERS
MAYOR

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF INDIAN WELLS )

CERTIFICATION FOR ORDINANCE NO. 758

I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. 758, having been regularly introduced at the meeting of July 18, 2024, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the 5th of September 2024 said ordinance was passed and adopted by the following stated vote, to wit:

and was thereafter on said day signed by the Mayor of the City of Indian Wells.

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

_____________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN FOR

CITY CLERK BEST BEST & KRIEGER LLP

CITY ATTORNEY

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City of Indian Wells
Ordinance No.758

EXHIBIT “A”
Chapter 8.08 [Nuisance Abatement Procedures] of the Indian Wells Municipal Code Amendment
Title 1 GENERAL PROVISIONS
Chapter 1.28 NUISANCE ABATEMENT COST RECOVERY

1.28.010 Purpose.

The purpose of this section is to establish a procedure for recovery of costs as authorized by Government Code sections 38773.1 and 38773.5 and to afford due process of law to any person who is directly affected by this process. It is the policy of the City to ensure that all applicable laws are followed by the City in performance of t his Chapter, including respect for constitutional protections, due process, and equal protection.

1.28.020 Definitions.

For the purposes of this Chapter, unless otherwise apparent from the context, certain words or phrases used in this Chapter are defined as follows:
“Abatement costs” means all costs, fees, and expenses, incidental or otherwise, including attorney fees and City staff time charges, incurred by the City in investigating and abating a public nuisance.
“Hearing officer” means any person authorized by this Chapter to hear and review appeals under this Chapter.
“Person” means any natural person or legal entity, including any firm, partnership, association, corporation, trustee, trust, organization, or entity of any kind, or such person’s authorized representative.
“Responsible party” means any of the following:

1. A person who causes a code violation to occur;

2. A person who maintains or allows a code violation to continue, by his or her action or failure to act; or

3. A person who is the owner of, or who has a recorded interest in, real property where a property-related code violation occurs or exists.

1.28.030 City’s Right to Recover Nuisance Abatement Costs.

Whenever the City incurs abatement costs in abating a public nuisance or seeking to abate a code violation or public nuisance, the City is entitled to recover the abatement costs related to those code enforcement efforts in accordance with the procedure se t forth in this Chapter. The City may commence cost-recovery proceedings at any time.

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City of Indian Wells
Ordinance No.758

1.28.040 Scope of Recoverable Abatement Costs.

Recoverable abatement costs include all costs, fees, and expenses, incidental or otherwise, including attorney fees, incurred by the City in investigating and abating a public nuisance.

1.28.050 Service Requirements.
(a) Except where this Chapter prescribes another procedure or the parties otherwise agree to an alternate means, any notice or document required to be served under this Chapter must be served by personal service or first-class mail. (b) Service is deemed effective on the date it is personally delivered or deposited in the mail.
(c) Failure of any person to receive a document properly served under this Chapter does not affect the validity of the notice or document, service, or any action or proceeding under this Chapter.

1.28.060 Initiation of Cost-Recovery Process.
(a) Report of Abatement Costs. To initiate the process for recovery of abatement costs, the City must serve an itemized report of abatement costs on the responsible party identifying all abatement costs and demanding payment. The report must provide notice that any unpaid amounts may become a lien and special assessment against the property unless the City receives full and timely payment.
(b) Service of Report of Abatement Costs. The report of abatement costs must be served in accordance with Section 1.28.050. If the code violation or public nuisance relates to real property, then the report of abatement costs must be served on each person with a recorded interest in the subject property.
(c) Payment. Timely, full payment of the abatement costs must be remitted to the City within 45 calendar days following the date of service of the report of abatement costs. (d) Right to Appeal. Any person issued a report of abatement costs has a right to appeal the report of abatement costs in accordance with this subsection (g). An appeal must be filed within 15 calendar days following the date of service of the report of abatement costs. The right to appeal and procedures must be specified in the report. A written notice of appeal must contain the following information: (1) the name and contact information of the appellant, and (2) the grounds for appeal in sufficient detail to enable the hearing officer and City to understand the nature of the controversy. The failure of any person who has been served with proper notice to timely file an appeal is a failure to exhaust administrative remedies.

1.28.070 Hearing Procedures.
(a) Selection of Hearing Officer. The City Manager may select the hearing officer.

The hearing officer must be selected in a manner that avoids the potential for pecuniary or other bias.
(b) Scheduling and Noticing of the Hearing. If a timely and proper appeal is filed, the City Clerk must schedule the hearing no sooner than 15 days and no later than 60 days from receipt of the notice of appeal, unless the parties waive such time limits. The failure to hold the

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City of Indian Wells
Ordinance No.758

hearing within this time period does not invalidate any action of the hearing officer. The City Clerk must notify the appellant in writing of the date, time, and location of the hearing at least 10 days before the date of the scheduled hearing. The notice of hearing must be served in accordance with Section 1.28.050.
(c) Issue on Appeal. The scope of the appeal is limited to the appropriateness of the amount of the abatement costs, and the hearing officer’s decision may confirm, discharge, or modify the amount of costs.
(d) Evidence, Witnesses, and Recording. The appeal hearing is a hearing de novo on the issue specified in subsection (c) above. All parties have the right to present evidence and witnesses. The formal rules of evidence and discovery do not apply. The rules of privilege are effective to the same extent that they are now or may hereafter be recognized in civil actions.

Irrelevant or unduly repetitious evidence may be excluded. Oral evidence may be taken only on oath or affirmation. The appellant and respondent may represent themselves or be represented by anyone of their choice. No party has the right to cross -examine any other party or witness except for good cause shown to the satisfaction of the hearing officer. The appellant may bring an interpreter to the hea ring at the appellant’s sole expense. The City may, at its discretion, record the hearing by stenographer, court reporter, audio recording, or video recording. (e) Decision of the Hearing Officer. The hearing officer’s decision must be in writing, set forth the hearing officer’s findings of fact and conclusions of law, and demand payment of any confirmed abatement costs within 30 calendar days following the date of service of the hearing officer’s decision. The hearing officer must render a decision within 15 days following the conclusion of the hearing. Failure of the hearing officer to render a decision within this time period does not invalidate any action of the hearing officer or automatically grant the appeal. The hearing officer’s decision must be served in accordance with Section 1.28.050. The hearing officer’s decision is the final administrative decision of the City regarding the abatement costs. The hearing officer’s decision is effective on the date of service of the decision. The decision must contain the following statement: “The decision of the hearing officer is final and binding. Judicial review of this decision is subject to the provisions and time lim its set forth in California Code of Civil Procedure section 1094.6 et seq.”
(f) Payment of Confirmed Costs. Any confirmed abatement costs must be tendered to the City within 30 calendar days following the date of service of the hearing officer’s decision.

1.28.080 Initiation of Collection Process.

Upon expiration of 45 days after the report of abatement costs, or 30 days after the hearing officer’s decision in the event of an appeal, if the full amount of the final abatement costs has not been paid, any unpaid costs may be collected by the City in accordance with Sections

1.28.090 through 1.28.110.

1.28.090 Collection of Costs as Lien.
(a) In accordance with Government Code section 38773.1, abatement costs may be levied by the City as a lien against the property on which the nuisance was abated. If the abatement costs are not been paid in full within the time required by this Chapter, the Ci ty may record a lien against the nuisance property for any unpaid amount. Before recording a lien, the City must serve each person with a recorded interest in the subject property with notice of the

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City of Indian Wells
Ordinance No.758

lien. In addition, any owner of record must be served in accordance with Government Code section 38773.1.
(b) The nuisance abatement lien must be recorded in the office of the County Recorder of Riverside County, California; and from the date of recording, the nuisance abatement lien will have the force, effect, and priority of a judgment lien, and will continue in effect until discharged by the City.
(c) The lien must specify the City as the agency for whose benefit the lien is established, the amount of the lien, the date of any abatement order, the street address, legal description, and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.
(d) The nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment. All costs and expenses relating to the processing, recording and enforcement of the abatement lien, including recording fees, noticing costs and attorney f ees may be added to the amount of the lien and will be secured thereby.
(e) Upon payment or other satisfaction of the abatement lien, a notice of release of lien must be prepared and recorded by the City forthwith.

1.28.100 Collection of Costs as a Special Assessment.
(a) In accordance with Government Code section 38773.1, abatement costs may be levied by the City as a nuisance abatement lien against the property on which the nuisance was abated. If the abatement costs have not been paid in full within the time required by this Chapter, the City may levy a special assessment against the real property on which the violation occurred.

The City must serve each person with a recorded interest in the subject property with notice of the imposition of the special assessment. In add ition, any owner of record must be served in accordance with Government Code section 38773.5. The notice must specify that the property may be sold after three years by the Tax Collector for unpaid delinquent assessments. (b) The notice of special assessment is entitled to recordation with the Riverside County Recorder’s Office. A copy of the notice of special assessment must be transmitted to the County Tax Assessor and Tax Collector, whereupon the Tax Assessor and Tax Collect or must add the amount of the special assessment on the next regular bill for real estate taxes levied against the property identified in the notice of special assessment. Thereafter, the special assessment will be collected at the same time and in the sam e manner as ordinary municipal taxes are collected, and will be subject to the same penalties and the same procedure and sale in the case of delinquency as provided by law for ordinary municipal taxes. After recordation, the special assessment may be foreclosed on as a lien in the manner and means provided by law.

1.28.110 Other Cost Recovery Remedies.

The remedies and procedures provided by this Chapter are cumulative to each other and to any other available under city, state, or federal law. In addition to any other remedies set forth in this Code or otherwise provided by law, the City Attorney is auth orized to bring a civil action, at the City Attorney’s discretion, to recover the City’s abatement costs.

1.28.120 Recovery of Attorney fees.

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City of Indian Wells
Ordinance No.758

Recovery authorized . Any violation of this municipal code is hereby determined to constitute a public nuisance. The prevailing party in any judicial action, administrative proceeding, or special proceeding to abate a nuisance may recover its incurred attorney fees, provided that the City elected, at the initiation of such individual action or proceeding, to recover its own attorney fees. In no judicial action or administrative proceeding may an award of attorney fees to a prevailing party exceed the amount of reasonable attorney fees incurred by the City in the judicial action or administrative proceeding. A judicial action includes, but is not limited to, any civil action, inspection or abatement warrant, administrative proceeding, or appeal f rom an administrative proceeding. Any recovery of attorney fees for abatement of a nuisance must be in accordance with this section.

1.28.130 Judicial Review
The decision of the hearing officer is not subject to appeal to the City Council or any other board or commission of the City. Once the hearing officer’s decision is final, the appellant may bring a judicial action to contest such a decision in accordance with the Code of Civil Procedure section 1094.6. Failure to do so means all objections to the hearing officer’s decision are waived.

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City of Indian Wells
Ordinance No.758

EXHIBIT “B”
Chapter 1.28 [Nuisance Abatement Cost Recovery] of the Indian Wells Municipal Code Addition
Title 8 HEALTH AND SANITATION
Chapter 8.08 NUISANCE ABATEMENT PROCEDURES

8.08.010 Purpose.

The purpose and intent of this Chapter is to provide regulations that promote the sound maintenance of property and enhance conditions of appearance, habitability, occupancy, and safety of all structures and premises in the City, and to afford due process of law to any person who is directly affected by this process. It is the policy of the City to ensure all applicable laws are followed by the City in performance of this Chapter, including respect for constitutional protections, due process, and equal protection.

This Chapter may not be applied, construed, or given effect in a manner that imposes upon the City any duty towards persons or property or that creates a basis for civil liability for damages, except as otherwise imposed by law. The City reserves the right to address abatement of nuisance in a variety of ways at its sole discretion while balancing the use of limited City resources.

8.08.020 Definitions.

For the purposes of this Chapter, unless otherwise apparent from the context, certain words or phrases used in this Chapter are defined as follows:
“Abatement costs” means all costs, fees, and expenses, incidental or otherwise, including attorney’s fees, incurred by the City in investigating and abating a public nuisance. “Enforcement official” means any City employee or agent of the City with the authority to enforce any provision of this Code.
“Hearing officer” means any person authorized by this Chapter to hear and review appeals under this Chapter.
“Person” means any natural person or legal entity, including any firm, partnership, association, corporation, organization or entity of any kind, or such person’s authorized representative.
“Responsible party” means any person who maintains, causes, aids, abets, conceals, suffers, or permits a violation of this article, and includes any person having legal title to any real property in the City.

8.08.030 Scope.

The provisions of this Chapter apply to all real property in the City except those parcels owned by the City of Indian Wells.

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City of Indian Wells
Ordinance No.758

8.08.040 Responsibility to Administer and Enforce this Chapter.

The administration and enforcement of this Chapter is the responsibility of the enforcement official, unless otherwise expressly stated herein.

8.08.050 Service Requirements.
(a) Except where this Chapter prescribes another procedure or the parties otherwise agree to an alternate means, any notice or document required to be served under this Chapter must be served by personal service or first-class mail. (b) Service is deemed effective on the date it is personally delivered or deposited in the mail.
(c) Failure of any person to receive a document properly served under this Chapter does not affect the validity of the notice or document, service, or any action or proceeding under this Chapter.

8.08.060 Nuisances Designated.

It is declared unlawful and a public nuisance for any person owning, leasing, renting, occupying, or having charge or possession of any property in the City to maintain the property or allow the property to be maintained, with any of the following conditions:
(a) Drainage Problems. Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurio us or potentially injurious to the public health, safety, and welfare or to adjacent properties. (b) Abandoned or Damaged Buildings. Buildings that are abandoned, partially destroyed, or permitted to remain unreasonably in a state of partial construction. (c) Openings in Vacant Structures. The failure to close by such means as is acceptable to the Director of Community Development all doorways, windows, and other openings into vacant structures.
(d) Unpainted Buildings. Unpainted buildings causing dry rot, warping, and termite infestation.
(e) Broken Windows. Broken windows, which constitute hazardous conditions and invite trespassers and malicious mischief.
(f) Overgrown Vegetation. Overgrown weeds, grass, and vegetation. (g) Dead, Decayed, or Diseased Vegetation. Dead, decayed, diseased, or hazardous trees, weeds, and other vegetation that is: (1) constituting unsightly appearance, or (2) dangerous to public safety and welfare, or (3) detrimental to nearby property or property values. (h) Miscellaneous Debris. Packing boxes, lumber, trash, dirt, and other debris either inside or outside buildings and visible from public streets for unreasonable periods. (i) Intentional Neglect. Neglect of premises: (1) to spite neighbors, or (2) to influence zone changes, or (3) to cause detrimental effect upon nearby property or property values.

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(j) Detriment to Public Health, Safety and General Welfare. Maintenance of premises in such condition as to be detrimental to the public health, safety, or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code section 3480. (k) Detriment to Property Value. Property maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding properties or is m aterially detrimental to proximal properties and improvements.
(l) Detrimental to Enjoyment or Use of Property. Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use, or property values of such adjacent properties. (m) Diminution of Tax Receipts. Property maintained, in relation to others, so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein. (n) Violation of City Building Code. Any violation of the City Building Code, Chapter 16.12 of this Code, as amended.
(o) Fire Hazard. All dry, dead shrubs, dead trees, combustible refuse and waste, or any material growing around the streets, sidewalks or upon private property within the City, which by reason of its size, manner or growth or location constitutes a fire hazard to any building, improvements, crops or other property, or when dry, will in reasonable probability constitute a fire hazard.
(p) Polluted Water. Any swimming pool, pond or other body of water which is abandoned, unattended, unfiltered, or not maintained, resulting in the water becoming polluted. “Polluted water,” for the purpose of this Chapter, means water contained in a swimming p ool, pond, or other body of water, which includes, but is not limited to, bacterial growth, including algae, remains of rubbish, refuse, debris, papers, or any other foreign matter which, because of its nature or location, constitutes an unhealthy, unsafe or unsightly condition. (q) Outdoor Burning. The intentional outdoor burning of any material, structure, matter, or thing, is a public nuisance. For the purpose of this subparagraph (q) the term “any material, structure, matter, or thing” includes but is not limited to rubbish, garba ge, weeds, palm fronds, refuse, debris, and matter of any kind including but not limited to rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture or parts thereof, inoperative vehicles, vehicle bodies, trimmings from plants or trees, cans, bottles, barrels or similar matter.
(r) Refuse and Waste Matter. Refuse and waste matter, as defined in this subsection, which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community, or which materially hamper or interfere with the prevention or suppression of fire upon the premises. “Refuse and waste matter,” for the purpose of this Chapter, means unused or discarded matter and material having no substantial market value, and which consists of rubbish, garbage, weeds, palm fronds, refuse, debris, and matter of any kind, including but not limited to, rubble asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials,

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City of Indian Wells
Ordinance No.758

crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture or parts thereof, inoperative vehicles, vehicle bodies and/or trimmings from plants or trees, cans, bottles, barrels or similar matter. (s) Signs. Any sign in violation of the City Sign Ordinance, Title 17 of this Code. (t) Violation of California Fire Code. Any violation of the California Fire Code, Chapter

16.32 of this Code, as amended.
(u) Violation of International Property Maintenance Code . Any violation of the International Property Maintenance Code, as amended.
(v) Violation of Zoning Code. Any violation of the zoning ordinance of the City, Title 21 of this Code, as amended.
(w) Dust, Sand, Gravel, or Trash. Any dust, sand, gravel, trash, or other debris that is visible from public or private real property, or constitutes a fire or safety hazard. (x) Dust Control on Vacant Land Not Yet Treated with One or More City Approved Dust Control Measures. “City approved dust control measures,” for the purposes of this subsection, include, but are not limited to, the planting and maintenance of landscape or vege tation, or a proper chemical treatment, so as to control blowing dust from the site. Land located within the natural preserve (NPR) zone is exempt from this provision. (y) Palm Trees.
(1) Dead or decayed palm fronds hanging parallel to the tree trunk, and noncommercial fruit, and flowers/pollen hanging from palm trees (e.g., date palms, fan palms, etc.) have a detrimental effect on adjacent properties and the community. Such debris must be trimmed from such trees at least once each year as soon as possible after the pods on the tree open up, but not later than June 30th of each year for date trees, and not later than July 30th of each year for fan palms or Washingtonian palms.
(2) Upon receiving a written complaint, the enforcement official may cause the tree or trees to be trimmed before the date specified in Section 8.08.010(y)(1) if it is deemed that the tree is having a detrimental effect on an adjoining property. (z) Vehicle Repair on Residential Premises. Other than the repair or replacement of flat tires on re-charging of batteries or other emergency repairs. Vehicle repairs on lots zoned or used for residential purposes must take place within an enclosed structure. Repair work must be limited to noncommercial vehicles currently registered pursuant to the California Vehicle Code to the owner or lessee of the property or a member of the owner or lessee’s immediate family, which must be limited to parents, grandparents, spouse, and children related by blood, marriage or adoption. Notwithstanding any provisions herein to the contrary, the following vehicle repairs may take place in other than an enclosed structure: (i) the repair or replacement of tires, (ii) recharging of batteries, and (iii) emergency repairs. The repair of vehicle must be limited to those hours set forth in Indian Wells Municipal Code section 9.06.047. Any repairs made in public view must be completed within a two hour period of time. Storage of parts and or inoperable vehicles in public view is prohibited.
(aa) Vectors.

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Ordinance No.758

(1) Any property, excluding water, that has been artificially altered from its natural condition so that it now supports the development, attraction or harborage of vectors.

The presence of vectors in their developmental stages on a property is prima facie evidence that the property is a public nuisance.
(2) Any water that is a breeding place for vectors. The presence of vectors in their developmental stages in the water is prima facie evidence that the water is a public nuisance. (3) Any activity that supports the development, attraction or harborage of vectors, or that facilitates the introduction or spread of vectors. “Vector” as used herein means any animal capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury, including, but not limited to, mosquitoes, flies, mites, ticks, other arthropods, and rodents and other vertebrates. “Public Nuisance” as used herein does not include agricultural operations that are designed and manage d consistent with the accepted standards and practices for controlling fly development, as defined in Health and Safety Code section 2062(b).
(bb) Any violation of the Indian Wells Municipal Code is a public nuisance.

8.08.070 Notice to Abate.
(a) Whenever an enforcement official determines that a nuisance, as designated in Section 8.08.060, is occurring or exists, he or she may issue a written order to any responsible party (“Notice to Abate”).
(b) A Notice to Abate issued pursuant to this section must contain the following information:
(1) The address of the real property on which the alleged nuisance condition exists;
(2) A description of the alleged nuisance conditions and the code section prohibiting the alleged nuisance condition;
(3) A brief description of the required corrective actions; (4) A compliance period in which to complete the nuisance abatement actions (with all required City approvals, permits and inspections, when applicable); (5) A statement that the City may record a Notice of Violation with the Riverside County Recorder’s Office against the premises; (6) The period and manner in which a responsible party may contest the Notice to Abate as set forth in Section 8.08.080; and
(c) Whenever the enforcement official intends to abate a public nuisance by demolition of a building or structure if the responsible party fails to comply, then the City must comply with the following additional requirements:
(1) The Notice to Abate must contain a statement that the City intends to abate the nuisance with City personnel or contractors by demolition of a building or structure if the nuisance conditions are not repaired, rehabilitated, removed, terminated, or demolis hed within the compliance deadline set forth in the Notice to Abate; and

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Ordinance No.758

(2) The City must serve the Notice to Abate on all secured lienholders of record with the Riverside County Recorder’s Office.
(d) Any compliance order issued under this section must be served in the manner required under Section 8.08.050.
(e) The provisions of this Section do not apply in cases involving emergency or summary abatement under Section 8.08.110.

8.08.080 Appeals and Hearings.
(a) Right to Appeal. Any person issued a Notice to Abate has a right to appeal the City’s nuisance determination in accordance with this section. An appeal must be filed within 15 calendar days following the date of service of the Notice to Abate. A written notice of appeal must contain the following information: (i) the name and contact information of the appellant, and (ii) the grounds for appeal in sufficient detail to enable the hearing officer and City to understand the nature of the controversy. The failure of any person who has been served with a Notice to Abate to timely and properly file an appeal is a failure to exhaust administrative remedies. (b) Selection of Hearing Officer. The City Manager may select the hearing officer.

The hearing officer must be selected in a manner that avoids the potential for pecuniary or other bias.
(c) Scheduling and Noticing of the Hearing. If a timely and proper appeal is filed, then the City Clerk must schedule the hearing no sooner than 15 days and no later than 60 days from receipt of the notice of appeal, unless the parties waive such time limits. The failure to hold the hearing within this time period does not invalidate any action of the hearing officer. The City Clerk must notify the appellant in writing of the date, time, and location of the hearing at least 10 days before the date of the schedu led hearing. The notice of hearing must be served in accordance with Section 1.28.050.
(d) Issue on Appeal. The City bears the burden of proof to establish a nuisance exists by a preponderance of evidence. The issuance of a Notice to Abate is prima facie evidence of the existence of a violation. The scope of the appeal is limited to whether any nuisance condition identified in the Notice to Abate exists.
(e) Evidence, Witnesses, and Recording. All parties have the right to present evidence and witnesses. The formal rules of evidence and discovery do not apply. The rules of privilege are effective to the same extent that they are now or hereafter may be recognized in civil actions. Irrelevant or unduly repetitious evidence may be excluded. Oral evidence may be taken only on oath or affirmation. The appellant and respondent may represent themselves or be represented by anyone of their choice. No party has the rig ht to cross-examine any other party or witness except for good cause shown to the satisfaction of the hearing officer. The appellant may bring an interpreter to the hearing at his or her sole expense. The City may, at its discretion, record the hearing by stenographer, court reporter, audio recording, or video recording. (f) Decision of the Hearing Officer. The hearing officer’s decision must be in writing, set forth the hearing officer’s findings of fact and conclusions of law, order the abatement of any confirmed nuisance conditions within a deadline determined by the hearing officer to be reasonable, and include a statement that if the nuisance is not abated then it may be abated by the City. If the hearing officer determines that each nuisance condition described in the Notice to

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Ordinance No.758

Abate is nonexistent, the Notice to Abate is deemed cancelled. The hearing officer must render a decision within 15 days following the conclusion of the hearing. Failure of the hearing officer to render a decision within this time period does not invalidat e any action of the hearing officer or automatically grant the appeal. The hearing officer’s decision must be served in accordance with Section 8.08.050. The hearing officer’s decision is the final administrative decision of the City regarding the Notice to Abate. The hearing officer’s decision is effective on the date of service of the decision. The decision must contain the following statement: “The decision of the hearing officer is final and binding. Judicial review of this decision is subject to the pr ovisions and time limits set forth in California Code of Civil Procedure section 1094.6 et seq.”

8.08.090 Abatement by City.

If a nuisance is not completely abated within the time prescribed by the Notice to Abate or, if appealed, in the Hearing Officer’s decision, the City is authorized to abate a public nuisance by City staff or private contractor. The City and its agents are expressly authorized to enter the premises for such purpose. Except in cases involving an imminent hazard, entry onto any real property to abate a public nuisance must be pursuant to a warrant issued by a court of competent jurisdiction.

8.08.0100 Emergency or Summary Abatement.
(a) If, in the reasonable opinion of the enforcement official, there exists a condition that constitutes an imminent threat of harm to public health or safety, or imminent hazard to real or personal property, the enforcement official may cause the conditions to be summarily abated in accordance with the following procedure. When determining whether a hazard is sufficiently imminent to warrant emergency abatement, the enforcement official may consider whether there is insufficient time to follow the administrative process for non-emergency abatements described in this Chapter.
(b) If time permits, the enforcement official may attempt to contact the owner or occupant of the property to notify the responsible party that the condition must be immediately abated to eliminate the imminent hazard.
(c) If the enforcement official is unable to make contact, or if after contact with the owner or occupant does not take action within the time prescribed by the enforcement official, he or she is authorized to take all actions necessary to eliminate or mitigat e the hazardous condition, utilizing the City’s own forces or private contractors. (d) Nothing in this Section prevents public safety officers from taking actions in emergency situations as they may deem necessary or appropriate in order to protect the public health, safety and general welfare.
(e) As soon as reasonably possible under the circumstances, following any summary abatement action by the City to abate an immediate hazard, the City must provide each responsible party with a “Notice of Summary Abatement.” The Notice of Summary Abatement must be served in accordance with Section 8.08.050 and contain the following information:
(1) A brief description of the condition and reasons why it constituted an imminent threat or hazard;

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(2) A brief description of the law prohibiting or pertaining to the imminent threat or hazard; and
(3) A brief description of the actions the City took to abate the imminent threat or hazard.
(f) The City’s determination that a condition constituted an imminent threat or hazard may be appealed as set forth in Section 8.08.080.
(g) The enforcement official must keep an itemized account of the costs incurred by the City in abating the public nuisance. The City is entitled to recover all abatement costs incurred in the abatement of an imminent threat or hazard in accordance with the procedure set forth in Chapter 1.28 of this Code.

8.08.0110 Recordation of Notice of Violation.
(a) If a nuisance is not completely abated as determined by the City within the time prescribed by the Notice to Abate or, if appealed, in the Hearing Officer’s decision, the City may record a Notice of Violation with the Riverside County Recorder’s Office against the premises. (b) The City must record a Notice of Rescission of Notice of Violation with the Riverside County Recorder’s Office within 10 business days of its determination that a violation or a public nuisance has been fully abated or corrected.
(c) Upon recordation, the City must service a copy of the recorded Notice of Violation or Notice of Rescission on each person having an ownership interest in the property.

8.08.0120 Cost Recovery.

Whenever the City incurs abatement costs in abating a public nuisance or seeking to abate a code violation or public nuisance, the City is entitled to recover the abatement costs related to those code enforcement efforts in accordance with the procedure set forth in Chapter 1.28 of this Code.

8.08.0130 Combination of Notices.

The notices that are authorized by this Chapter may be combined in the discretion of the City.

8.08.0140 Enforcement.
(a) It is unlawful and declared a public nuisance for any person to violate any provision of this Chapter. It is unlawful and declared a public nuisance for any person to violate any order of a Hearing Officer made under this Chapter.
(b) Any person who violates any provision of this Chapter is guilty of a misdemeanor punishable by a fine of up to $1,000, or by imprisonment in the County jail not exceeding six months, or by both, except the City Attorney or enforcement official may prosecute a violation of this Chapter as an infraction, in his or her discretion.

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(c) Violation of this Chapter may be punished by issuance of an administrative citation fine, as set forth in Chapter 1.20 of this Code.
(d) The City Attorney is authorized to bring a civil or equitable action, at his or her discretion, to seek the abatement of any violation of this Chapter or enforcement of any provision of this Chapter.
(e) Each and every day a violation is maintained, caused, aided, abetted, concealed, suffered, or permitted is a separate offense.
(f) The regulations, remedies, procedures, and penalties provided by this Chapter are cumulative to each other and to any other available under City, State, or federal law.

Council Agenda - September 5, 2024

INDIAN WELLS CITY COUNCIL
September 5, 2024

To: City Council
From: City Manager Department
Prepared by: Kristen Nelson, Administrative Services Manager Subject: Amendment to Animal Services Agreement with County of Riverside

RECOMMENDED ACTIONS:

Council APPROVES First Amendment to the Animal Services Agreement with the County of Riverside; and

DIRECTS City Manager or their designee to execute any agreement for same; and

FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).

BACKGROUND:

The City of Indian Wells contracts with Riverside County’s Department of Animal Services for animal control, licensing and impounds. The current agreement ( Attachment 1) expired June 30, 2024. Rather than proceed with a new, three -year agreement, it is the County Board of Supervisor’s desire to extend the term of the agreement by one year, through June 30, 2025 (Attachment 2).

In addition to the one-year term extension, the amendment reflects minimal changes to the compensation, license fees and payment provisions of the original agreement . The amendment includes the following changes:

 A one-year term extension through June 30, 2025;
 A two-hour minimum call out for Animal Control Officers (as negotiated in their most recent MOU); and
 A five percent (5%) increase to all rates for Fiscal Year 2024 – 2025, including:
o Animal Control Officer’s hourly rate (billed on an as-used basis); o Sheltering, impound and service rates (billed on an as-used basis); and o Dog licensing.

Council Agenda - September 5, 2024

At the May 21, 2020 meeting, Indian Wells City Council adopted a Resolution allowing for any future cost increases to be addressed through the adoption of an updated Fee Schedule rather than additional Municipal Code amendments.

FISCAL IMPACT:

For Fiscal Year 2023 -2024, the County collected a $11.35 processing fee for every dog license. For Fiscal Year 2024-2025, they are proposing a $0.57 (5%) increase to $11.92 per license.

The County does not send the city a check for any revenues associated with the City’s portion of the licensing fee per the City’s fee schedule. Instead, the County puts the licensing fee revenues against each month’s invoice as credits toward that month’s bill, decreasing the overall expense.

Year over year, the City spends approximately $10,500 - $11,000 on the animal services contract. The $0.57 per license increase proposed by the County for FY24-25 constitutes an estimated $67 additional collection on the part of the County and does not significantly impact the City’s contractual expenditure for all services included in the agreement.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that the acti on is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (15061(b)(3).)

ATTACHMENTS:

1. Animal Services Agreement

2. Amendment No. 1

Council Agenda - September 5, 2024
Agreement No. 21-007

AGREEMENT FOR ANIMAL FIELD AND SHELTER SERVICES

BETWEEN THE CITY OF INDIAN WELLS AND THE COUNTY OF RIVERSIDE THIS AGREEMENT FOR ANIMAL FIELD AND SHELTER SERVICES ("Agreement"), is made and entered into as of July I, 2021 ("Effective Date") by and between the CITY OF INDIAN WELLS, a Charter City and Municipal Corporation ("CITY"), and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of its Depaiiment of Animal Se1,1ices ("COUNTY"), collectively refeffed to as the "Parties" and individually as a "Party".

RECITALS
WHEREAS, CITY desires to contract with COUNTY to provide animal field and shelter services for the purpose of safeguarding the health and safety of CITY's population and the health and safety of its domestic animals;
WHEREAS, CITY desires to promote the humane treatment of animals; WHEREAS, COUNTY has the personnel and experience to provide such services and is willing to enter into a contract with CITY for the provision of such services subject to the tenns and conditions for compensation as hereinafter set fotth; and NOW, THEREFORE, for and in consideration of the muhlal covenants, conditions and advantages herein stated, the Parties hereto agree as follows:

SECTION!. OBLIGATIONS OF PARTIES
A. Recitals:

I. The aforementioned Recitals are trne and correct and incorporated herein by this reference.

B. County Obligations:

I. COUNTY shall provide the field and shelter services within the corporate limits of CITY as outlined and specified in Exhibit A, Scope of Animal Field Services, attached hereto and incorporated herein by this reference, and; Exhibit B, Scope of Animal Shelter Services, attached hereto and incorporated herein by this reference.

C. City Obligations:

1. CITY shall reimburse COUNTY for the services performed and the expenses incurred as set fmth in Section IIJ., Compensation, and Exhibit C, Payment Provisions, attached hereto and incorporated herein by this reference.

2. In order for COUNTY to provide the fuH scope of services to CITY under this Agreement, within six months following the Effective Date of this Agreement, CITY shall adopt the current verbatim language of the regulations, provisions, and rates found in Riverside County Ordinance Nos. 534,560,630, 716, 771, and 1 AUG 1 7 2021 "'3 ·W
ATTACHMENT #1

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Agreement No. 21-007
878 ("Animal Control Ordinances"), and shall amend its CITY municipal code when COUNTY amends its Animal Control Ordinances, from time to time.

COUNTY shall provide the verbatim language to the CITY that shall be adopted into CITY's municipal codes. Notwithstanding the foregoing, CITY retains all legislative authority pertaining to the regulation of animals within its jurisdiction.

SECTION JI. PERIOD OF PERFORMANCE
The Effective Date of this Agreement shall be from July 1, 2021 and shall terminate on June 30, 2024, unless terminated earlier as provided herein under Section VI, Termination.

SECTION III. COMPENSATION
CITY shall reimburse COUNTY for the services performed and the expenses incun-ed in accordance with the terms of Exhibit C, subject to any applicable changes in the rates and fees adopted by the Board of Supervisors of COUNTY.

SECTION IV. HOLD HARMLESS/INDEMNIFICATION
A. CITY shall indemnify and hold harmless the County of River.Side, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any actions of CITY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to properly damage, bodily injmy, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the negligent or willful actions by CITY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. CITY shall defend, at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the County of Riverside, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action or claim or action based upon such alleged acts or omissions.

B. With respect to any action or claim subject to indemnification herein by CITY, CJTY shall, al its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY's indemnification to COUNTY as set forth herein.

CITY's obligation to defend, indemnify and hold harmless COUNTY shall be subject to COUNTY having given CITY written notice within a reasonable period of time of the claim or of the c011U11encement of the related action, as the case may be, and infonuation and reasonable assistance, at CITY's expense, for the defense or settlement thereof. CITY's obligation hereunder shall be satisfied when CITY has provided to COUNTY the appropriate fonu of dismissal relieving COUNTY from any liability for the action or claim involved. 2

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Agreement No. 2 l-007
C. The specified insurance limits required in this Agreement shall in no way limit the CITY's obligations to indemnify and hold hannless COUNTY herein from third party claims.

D. COUNTY shall indemnify and hold harmless the CITY, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, City Council, elected and appointed officials, employees, agents and representatives from any liability, claim, damage oraction whatsoever, based or asserted upon any actions of COUNTY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the negligent or willful actions by COUNTY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. COUNTY shall defend, at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the CITY, their respective directors, officers, City Council, elected and appointed officials, employees, agents and representatives in any such action or claim or action based upon such alleged acts or omissions.

E. With respect to any action or claim subject to indemnification herein by COUNTY, COUNTY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of CITY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes COUNTY's indemnification to CITY as set forth herein.

COUNTY'S obligation to defend, indemnify and hold harmless CITY shall be subject to CITY having given COUNTY written notice within a reasonable period of time of the claim or of the commencement of the related action, as the case may be, and infonnation m1d reasonable assistance, at COUNTY's expense, for the defense or settlement thereof. COUNTY's obligation hereunder shall be satisfied when COUNTY has provided to CITY the appropriate form of dismissal relieving CITY from any liability for the action or claim involved.

F. The specified insurance limits required in this Agreement shall in no way limit the COUNTY's obligations to indemnify and hold harmless CITY herein from third party claims.

SECTION V. INSURANCE
COUNTY agrees to maintain the following insurance coverage during the tenn of this Agreement:

A. Workers' Compensation:

COUNTY shall maintain Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. The policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident.

B. Commercial General Liability:
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COUNTY shall maintain Commercial General Liability Insurance coverage for claims which may arise from or out of COUNTY's performance of its obligations hereunder. This coverage shall have a limit of liability not less than $1,000,000 per occurrence combined single limit.

C. Vehicle Liability:

If vehicles or mobile equipment is used in the performance of the obligations under this Agreement, then COUNTY agrees to maintain automobile liability insurance for vehicles provided by the COUNTY for use under this Agreement. This coverage shall have a limit ofliability of not less than $1,000,000 combined single limit.

D. General Insurance Provisions-All Lines:

I. Any insurance caITier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIlI (A:8).

2. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance.

Without limiting or diminishing the CITY's obligation to indemnify or hold the COUNTY hannless, CITY shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this Agreement. As respects to the insurance section only, the COUNTY herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.

A. Workers' Compensation:

If the CITY has employees as defined by the State of California, the CITY shall maintain statutory Worker's Compensation Insurance (Coverage A) as prescribed by the laws of the State of Califomia. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of The County of Riverside.

B. Commercial General Liability:

Commercial General Liability insurance coverage, including bur not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CITY's perfomrnnce of its obligations hereunder. Policy shall name the COUNTY as Additional Insured. Policy's limit ofliability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) time.':i the occurrence limit.

C. Vehicle Liability:

If vehicles or mobile equipment are used in the pctfonnance of the obligations under this Agreement, then CITY sha11 maintain liability insurance for all owned, non~owned or hired vehicles so used in an amount not less than $1,000,000 per occrnTence combined single limit. If 4

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such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the COUNTY as Additional Insureds.

D. General Insurance Provisions -All Lines:
1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an AM BEST rating of not less than A:VII (A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy ten11.
2) The CITY must declare its self-insured retention for each coverage required herein. If any such self-insured retention exceed $500,000 per occu1Tencc each such retention shall have the prior written consent of the County Risk Manager before commencement of operations under this Agreement. Upon notification of self-insured retention unacceptable to the COUNTY, and at the election of the County's Risk Manager, CITY's carriers shall either; 1) reduce or eliminate such self-insured retention as respects this Agreement with the COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. 3) CITY shall cause CITY's insmance carrier(s) to furnish the County of Riverside with either l) a properly executed original Certificate(s) ofinsurance and ce1tified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance ca1Tier(s) that a minimum of thirty (30) days written notice shall be given to the County ofRiverside prior to any modification, cancellation, expiration or reduction in coverage of such insurance. If CITY insurance carrier(s) policies do not meet the minimum notice requirement found herein, CITY shall cause CITY's insurance carrier(s) to furnish a 30 days' Notice of Cancellation Endorsement.
4) In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate oflnsurance and original copies of endorsements or certified original policies, including all endorsements and attachment thereto evidencing coverage's set forth herein and the insurance required herein is in full force and effect. CITY shall not commence operations until the COUNTY has been furnished original Certificate(s) or Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in the Section. An individual authorized by the insurance carrier to do so on its behalf shalJ sign the 01iginal endorsements for each policy and the Ce1iificate oflnsurance. 5) It is understood and agreed to by the parties hereto that the CJTY's insurance shall be construed as primaiy insurance, and the COUNTY's insurance and/or deductibles and/or self-insured retention's or self-insurance programs shall not be construed as contributory. 6) If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the 5

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performance of the scope of work; or, the tcnn of this Agreement, including any extensions thereof, exceeds five (5) years; the COUNTY reserves the right to adjust the types of insurance and the monetary limits of liability required under this Agreement, if in the County Risk Management's reasonable judgement, the amount or type of insurance cauied by the CITY has become inadequate.
7) CITY shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
8) The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the COUNTY.
9) CITY agrees to notify COUNTY of any claim by a third paity or any incident or event that may give rise to a claim arising from the perfonnance of this Agreement.

SECTION VI. TERMINATION
A. Either Party may te1minate this Agreement without cause upon no earlier than six (6) months advance written notice served on the other Party stating the extent and effective date of tennination.

B. If a six (6) month notice of termination is served on the other Paity, after receiving said notice of termination, COUNTY shall stop work under this Agreement on the tc1mination date specified in the notice of tennination; and after termination, CITY shall make payment to COUNTY for performance up to the date of termination in accordance with this Agreement.

SECTION Vil. FORCE MAJEURE
If either Party is unable to comply with any provision of this Agreement due to causes beyond its reasonable control, and which could not have been reasonably anticipated, such as acts of God, acts of war, civil disorders, or other similar acts, such Paity shall not be held liable for such failure to comply.

SECTION VIII. AMENDMENTS
Any amendments, including but not limited to a11erations, variations, or supplements, to the te1ms of this Agreement shall be in writing and signed by the Parties hereto, and shall have the approval of the Board of Supervisors of COUNTY and CITY's City Council. Any amendments will be presented to CTTY's City Manager prior to CITY's City Council approval.

This Agreement, including any exhibits, constitutes the entire Agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing.

SECTION IX. SEVERABILITY
Each paragraph or provision of this AGREEMENT is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall nevertheless remain in foll force and effect.
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SECTION X. RECORDS
COUNTY shall maintain and keep records of ail expenditures and obligations incurred pursuant to this Agreement and all income and fees received thereby according to generally recognized accounting principles. Such records and/or animal control operations of COUNTY shall be open to inspection and audit by CITY or its authorized representative as is deemed necessary by the CITY's City Manager, or designated representative, upon written notice to COUNTY.

SECTION XI. NO THIRD-PARTY BENEFICIARIES
This Agreement between the Parties is intended for the mutual benefit of the two signing Parties only. No rights are created under this Agreement in favor of any third party or any party who is not a direct signato1y to this Agreement.

SECTION XII. NONDISCRIMINATION
COUNIT shall not discriminate in the provision of services, allocation of benefits, accommodation in facilities, or employment of personnel on the basis ofrace, ethnicity, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, or gender identity in the performance of this Agreement; and, to the extent they shall be found to be applicable hereto, shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code 12900 et. seq.), the Federal Civil Rights Act of 1964 (Pub. L. 88-352) and the Americans with Disability Act of 1990 (42 U.S.C. 12101 et seq.).

SECTION XIII. DISPUTE RESOLUTION AND VENUE
A. The Parties shall attempt to resolve any disputes amicably at a working level. Tf that is not successful, the dispute shall be refeITed to the senior management of the Parties.

B. P1ior to filing any legal action related to this Agreement, the Paiiies shall be obligated to attend a mediation session in Riverside County before a neutral third-party mediator. A second medialion session shall be required if the first session is not successful. The Parties shall share the cost of the mediations.

C. This Agreement shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Agreement shall be filed only in the Superior Com1 of the State of California located in Riverside, California, and the Parties waive any and all provisions oflaw providing for a change of venue to another location.

SECTION XIV. ASSIGNMENT
This Agreement shall be binding upon COUNTY and its successors. Neither this Agreement nor any part thereof nor any moneys due or to become due hereunder may be assigned by the Parties without the prior written consent of the other Party. CITY and COUNTY hereby agree to the full performance of the covenants contained herein.

SECTION XV. NOTICES
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All conespondencc and notices required or contemplated by this Agreement shall be delivered to the respective Parties at the addresses set forth below ai1d are deemed submitted two (2) days after their deposit in the United States mail, postage prepaid:

COUNTY:

Department of Animal Services
Attention: Director
6851 Van Buren Boulevard
Jurupa Valley, CA 92509
CITY:

City oflndian Wells
Atten:tion: City Manager
44-950 Eldorado Drive
Indian Wells, CA 92210
SECTION XVI. CONTRACT PERFORMANCE
COUNTY's Director of Department of Animal Services, or designated representative, shall meet as necessary to discuss contract perfomrnnce with CITY's City Manager, or designated representative.

SECTION XVII. HEADINGS
The Section and other headings contained in this Agreement are included for the purpose of convenient reference only and shall not restrict, amplify, modify or otherwise affect in any way the meaning or interpretation of this Agreement or the ~xhibits and schedules hereto.

SECTION XVIII. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement, binding on all of the Parties.

SECTION XIV. WAIVER OF BREACH, RIGHT OR REMEDY
The waiver by any Party of any breach or violation by another Party of any provision of this Agreement or of any right or remedy permitted the waiving Party in this Agreement (a) shall not waive or be constrncd to waive any subsequent breach or violation of the same provision, (b) shall not waive or be construed to waive a breach of violation of any other provision, and (c) shall be in writing and may not be presumed or inferred from a11y Party's conduct. Except as expressly provided otherwise in this Agreement, no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be in addition to every other remedy granting in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise. The election of any one or more remedies by a Party shall not constitute a waiver of the right to pursue other available remedies.

SECTION XV. INDEPENDENT CONTRACTOR
The COUNTY is acting as an independent contractor to the CITY under this Agreement. Each Party to this Agreement shall have no power to incur any debt, obligation, or liability on behalf of another Pa11y to this Agreement.

SECTION XVI.COOPERATION FURTHER ACT
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Agreement No. 21-007
The Parties shall cooperate fully with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
[Signature Provisions on Following Page}
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Agreement No. 21-007
TN WITNESS WHEREOF, the Parties hereto have caul ed theiT duly authorized representatives to execute this Agreement.

COUNTY OF RIVERSIDE, CITt OF INDIAN WELLS,
a Political Subdivision of a Ch rter City and Municipal Corporation the State of California
By: K~ ..s. ~ By:A'../--,'-1,<::!~ ~ ~ ~
K~ Spiegel, Chair R' d
Board of Supervisors
AUG I 7 l02f
ATTEST:

Kecia R. Harper
Clerk of the Board~
By:\ V))A)IJ!_'{r
fl)e puty
APPROVED AS TO FORM:

Gregory P. Priamos
County Counsel
By:~ -
f'\ , Dan-en.Jegler
tot · Deputy County Counsel
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Council Agenda - September 5, 2024

SCOPE OF ANIMAL FIELD SERVICES

CITY OF INDIAN WELLS

EXHIBIT A
Agreement No. 21-007
The County of Riverside, on behalf of its Department 9f Animal Services ("COUNTY"), agrees to provide the following animal field services for the Ciity of Indian Wells ("CITY"):

A. PROVISION OF FIELD SERVICES
The animal field services to be provided by COUNTY for CITY within the corporate limits of CITY shall include the following activities:
l. Field Service Assistance: Respond to all calls for field service assistance pursuant to the priority of calls as described in Section E below.

2. lmpoundment: Impound dogs and livestock. found at large and collect such impound fees as established in the appropriate CITY municipal code.

3. Proper Care and Treatment: Provide humane care and treatment to any stray or abandoned animal impounded by field personnel in accordance with State of California ("State") laws and regulations.

4. Animal Bites: Investigate reported bites by animals. COUNTY shall respond to all reported bites by dogs, cats, or by suspected rabid or wild animals. COUNTY shall only be responsible for administrative proceedings resulting therefrom.

5. Quarantine: Quarantine all animals suspected be rabid and/or that have bitten a person as prescribed by the California Compendium of Rabies Control and Prevention, the State law, and COUNTY policy.

6. Stray and Barking Animal (Nuisance) Complaints: Respond to and process nuisance complaints, including stray and barking anirpal complaints. COUNTY shaU only be responsible for administrative enforcement proceedings resulting therefrom.

7. Dead Animals: Remove dead animals from. the public right-of-way except in such cases where an animal is on a state highway within CITY limits. In such cases, COUNTY shall immediately (or as soon as practicl!ble) notify the State Department of Transportation by telephone, facsimile, email or other means.

8. Return of Impounded Animals: Encourage the return of any lost/stray animal impounded by field personnel while in the field to the rightful owner, subject to the payment of impound fees. Ensure an opport11nity for members of the public to report lost and found animals online.

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Agreement No. 21-007

9. Kennels and Catteries: COUNTY shall lnspect and issue licenses to operate dog kennels and catteries within CITY pursuant to CITY's municipal codes, and collect fees in connection therewith. All fees for licenses to operate dog kennels and catteries shall be retained by COUNTY.

10. Issuance of Warnings and Citations: Enforce all appropriate provisions of CJTY's municipal code as necessary, including the issuance of warning notices or citations, for violations of the provisions of said municipal code. COUNTY shall only be responsible for administrative enforcement proceedings resulting therefrom.

11. Service to Public: Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and procedures notwithstanding, COUNTY, in processing any type of complaint or request for service, shall indicate to the caller that a response can be expected as per Section E below.

12. Field Services Related to Canine Licenses: COUNTY shall verify canine license status when responding to requests for service or when responding to complaints about animal behavior. The Animal Control Officer, as part of the onicer's regular animal control duties as defined by, but not limited to, the tenns of this Agreement, shall conduct license inspection activities during animal control investigations to asce11ain the number of unlicensed dogs, to license s:uch dogs, and to foster compliance with CITY's municipal code.

13. Wildlife: COUNTY will not impound free roaming wildlife unless it is a danger to the community, unhealthy, injured, or pat1 of an i,.nimal crnelty or animal bite case.

14. Mutual Animal Welfare Programs: If mutually agreeable between the Parties, COUNTY and CITY shall work together to establish animal welfare programs that benefit the animals and residents of CITY.

15. COUNTY will perfonn humane investigations of suspected animal neglect and cruelty and will be responsible for investigation 1 citation and preparing materials for prosecution.

16. COUNTY and CITY will work together on educational outreach, promotion of spay/neuter and vaccination clinics, other owner suffender diversion programs, responsible pet ownership and adoption programs and activities.

17. In case of a disaster, COUNTY and CITY will work collaboratively on animal needs and communication as it related to rescue, response and recovery efforts.

B. SHELTER CARE AND DISPOSITION SERVICES
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Agreement No. 21-007
The COUNTY shall house CITY's animals at the Coachella Valley Animal Campus, or other County operated shelter at the County's discretion, as set forth in Exhibit B.

C. PROVISION OF VEHICLES AND RADIO EQUIPMENT
COUNTY shall provide animal control vehicles and equip them with the appropriate animal control boxes mounted on the truck chassis and with an air conditioning unit mounted on the animal control truck boxes for use in the provision of services as set forth in this Agreement. The COUNTY shall fuel and maintain said vehicles.

D. MISSING OR STOLEN ANIMALS
COUNTY shall file a report with the appropriate law enforcement agency within twenty-four (24) hours if an impounded animal is missing or suspected tb have been stolen from an animal control vehicle or while in COUNTY's custody. COUNTY shall indicate on the police report the circumstances of the animal's disappearance.

E. PRIORITY OF FIELD SERVICES

1. "Services" are those enforcement activities rendered by COUNTY pursuant to the relevant sections of CITY's municipal code and related State law, and are assembled for into tvvo categories: Emergency and Non-Emergency.

2. "Priority Ranking" refers to the order of priority with which a call will be handled. All calls will go directly to the dispatcher or assigped clerical staff for relay to the Animal Control Officer. Ifa call is "exceptional," a set fQrth in Section F below, it shall be referred to the supervisor for evaluation and processing.

3. The following definitions of "Regular Service Hours," "Limited Service Hours" and "Holidays" are intended to identify the broad tithe frames during which specific levels of service will be provided.
a. "Regular Service Hours" are between the hours of 7:30 am to 5:00 pm, Monday through Friday, Holidays excepted.
b. "Limited Service Hours" are between the hours of5:00 pm to 7:30 am, Monday through Friday, all day Saturday, Sunday and on Holidays. c. "Holidays" arc those days as established by the COUNTY and the CITY where the CITY or COUNTY is closed for service on a business day that would otherwise be a regular service day.

4. Field service activities shall be performed daily and generally based on both the Priority Ranking and the time a call for service is receive(! in accordance with this Agreement. All A-3

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calls involving imminent danger shall be responded to within sixty (60) minutes if reasonably possible, subject to considerations i11volving the time of day, traffic conditions, or other circumstances. An Animal Control Officer shall respond to animal medical emergencies and other emergencies involving d~nger to humans within thirty (30) minutes or less during Regular Service Hours, and withi11 sixty (60) minutes or less during Limited Service Hours and Holidays. CITY acknowledges that response time may be affected by traffic congestion or other hindering circumstances uncontrollable by COUNTY.

COUNTY shall provide a means for responding to calls for service that take place during Limited Service Periods which are of an emergt:int nature pursuant to this Exhibit A. Field service personnel may be assigned to patrol and perform other service field tasks as defined by COUNTY and CITY. .

5. Telephone Service: The COUNTY shall respond to telephone calls for field services during Regular Service Hours. Calls shall be rei,::eived by the COUNTY answering service dming Limited Service Homs and on Holidays, as noted above. Calls answered by the answering service will be handled on an emergency basis as outlined in this Exhibit A.

The dispatcher and/or clerical supp01i staff shall maintain a detailed record of all requests for service, both emergency and routine, rec¢ived during Regular Service Hours and Limited Service Hours, including time and date, when the calls were answered, and the disposition of those calls. Records of these call~ shall be maintained for at least thirty (30) days.

6. The CITY and COUNTY agree that any incidci-it reports to the COUNTY by residents or through emergency services involving a dangerous, aggressive, wild, injured or sick animal constitute an emergency and require immediat¢ action by the COUNTY pursuant to this Agreement. Calls for service received during Limited Service Hours that are not of an emergent nature shall be answered by an answer~ng service and referred to call-back on the next business day during phone center operation*! hours. These calls will then be scheduled for response in accordance with this Exhibit A.

7. Calls Considered Emergencies to be Handled Without Dclav:
a. Animals endangering health or safety of the community. b. Police Depaiimcnt requests for service
c. Sick or injured stray animals
d. Animals in distress
e. Humane investigations that are life threatening. {Depending on immediate circumstances)

8. Calls Considered Non-Emergency to be Handled during Regular Service Hours:
a. Pick-up confined, healthy, stray-animals
b. Dead animal removal
c. Quarantine investigations
d. Leash law enforcement
e. Nuisance animal investigations
f. Permit investigations
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Agreement No. 2 !-007
F. EXCEPTIONS
The Director of Animal Control, or designee, may, on~ case-by-case basis, authorize variations of priority when circumstances require.

G. LICENSE FEES (Section 2 of Riverside Countv Ordinance 630) Licenses shall be issued upon receipt of all licensing requirements including payment of the license fees at the same rate as established in Section 2 of Riverside County Ordinance No. 630 and are subject to change as amended by COUNTY's Board of Supervisors, from time to time.

H. RABIES VACCINATION CERTIFICATE DATA
Rabies vaccination certificates shall be collected from area veterinarians and downloaded into COUNTY's database after the data has been scrubbed of inconsistencies. Reminders of licensing requirements shall be automatically generated and mailed to dog owners. Those owners who fail to comply may be subsequently issued administrative citations. Remittance options include the web licensing portal on COUNTY's website, www.rcdas.on!. COUNTY shall verify dog license status wben responding to requests for service or when i·esponding to complaints. COUNTY shall also provide an automated or manual verification system whereby owners can verify the status of their animal's license by telephone.

I. COLLECTION OF LICENSE FEES:

CITY authorizes COUNTY to issue and collect the fees: for canine licenses and retain the license processing fee on any and all canine license revenue generated by CITY residents during the tenn of the Agreement. All fees collected for canine licenses shall be accounted for by the COUNTY on a monthly basis and the COUNTY shall qrcdit to CITY the net amount of license fees collected for each month. For purposes of this Agr¢ement, the net amount of license fees shall mean the total amount of license fees collected in~ month less the license processing fee and shall be separate and apart from the monthly compensation rate due and payable by the C[TY as required in Exhibit C, Pavment Provisions. CJTY shall be responsible for a one-time conversion fee for new data entered into COUNTY's liciensing database.

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Council Agenda - September 5, 2024

SCOPE OF ANIMAL SHEI,TER SERVICES

CITY OF INDIAN WELLS

EXHIBITB
Agreement No. 21-007
The County of Riverside, on behalf of its Department of Animal Services ("COUNTY"), agrees to provide the following Animal Shelter Services for the City of Indian Wells ("CITY"). All capitalized tcnns set forth herein are defined in Section B below.

A. COUNTY ANIMAL SHELTER LOCATION

1. Shelter Location: The COUNTY shall maintaJn CJTY's animals at the Coachella Valley Animal Campus ("Shelter"), or other shelter operated by COUNTY at COUNTY's discretion.

The COUNTY shall be responsible for the operation and maintenance of its shelters and the care of the animals on a twenty-four (24) ho:t.u· basis.

2. Shelter Hours of Operation: COUNTY shall maintain hours of operation at the Shelter to provide maximum public access to the animals, to the extent possible.

B. DEFINITIONS

1. Animal Shelter Services" shall include the follo'wing activities and services:
a. lmpoundment, admittance, receipt of, cate of, custody of and/or feeding of any and all stray animals.
b. Redemption, treatment, sale, adoption, and/or disposal of all animals. c. Counseling and advising animal owners.
d. Posting on Shelter's website of photogr~phs of all newly impounded animals and identifying each animal individually.
e. Ensuring that all dogs, four ( 4) months and older, released from the COUNTY to a resident of County of Riverside are licensed, microchipped, and spayed/neutered and, if not licensed, to sell license to th~ owner or other person taking custody of such dog. In accordance with COUNTY ordinances, require the micro-chipping of released animals at the owner's expense.
f. Humane euthanasia of animals as lawful and necessaty, including the creation of a log detailing those animals that are euthanized and the reasons for such euthanasia on an animal-by~animal basis. This log shall include whether the animal was unhealthy and/or unsuitable for adoption.
g. Proper disposal of dead animals at the rate as set forth in Exhibit C, Payment Provisions.
h. "Care" includes, but is not limited to providing a safe, tempora1y refuge for any animal impounded, and providing needed medical services for injured/sick animals or transfer of animal to the appropriate agency.

2. "Adoptable Animal" shall mean an animal eight (8) weeks of age or older that at or subsequent to the time the animal is impounded or taken into possession, has manifested no sign of disease, injmy, or congenital or hereditaiy condition that adversely affects the B·l

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health or temperament of the animal, or that is likely to adversely affect the animal's health in the future. Dogs declared "vicious" or "poteri.tially dangerous" under State and/or local laws shall be deemed unadaptable.

3. "Treatable" shall mean an animal with a medica) condition such as skin problems, bad flea or skin infestations, a broken limb, abscesses, or problems that may be treated with appropriate resources, holding space, treatment and/or time. "Treatable" shall also mean an animal with behavioral conditions that may Qe corrected with time and proper training, such as chasing animals/objects, food aggressio11, etc.

4. "Untreatable Animal" shall mean any animal th;;tt is i1Temediably suffering from a serious illness or physical injury or behavioral concjition and shall not be held for owner redemption or adoption.

5. "Impounded Animal" shall include animals fmmd rnnning at large, removed from private property, or that are taken into the shelter by COUNTY or law enforcement.

6. "Seized Animal" shall include animals that are confiscated under Penal Code 597.1 from an owner when ordered by a court of competent jurisdiction, whether the seizure was detenninedjustified or not, when exigent circmustances exist.

C. SCOPE OF ANIMAL SHELTER SERVICES
I. Treatment of Animals: COUNTY shall provide adequate care and treatment ofCITY's animals whiles in custody of COUNTY to ensl}re that impounded animals are provided with humane and appropriate levels of care, in¢luding a clean environment, fresh water, adequate nutrition and appropriate medical care,

2. Level of Service Provided: COUNTY shall provide Animal Shelter Services as defined in this Agreement. COUNTY's policies and procedures for Animal Shelter Services shall be based on standards and/or guidelines derived: from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association and American Veterinaty Medical Association.

3. Feeding Protocols: All animals shall be fed in amounts appropriate to meet their nutritional needs.

4. Disease Control and Sanitation: COUNTY shall maintain the Shelter in a clean and sanitary condition. COUNTY's policies and procedures may include beneficial standards and/or guidelines derived from reputable anirnal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association and American Veterinary Medical Association.

5. Provision of Personnel and Supplies: COUNTY shall provide personnel, supplies, materials, medication, pharmaceuticals, and eq'\lipment, including forms and rep011s, to perform all aspects of the Animal Shelter Servic~s described herein.

6. Holding Periods: COUNTY shall hold all stray ... impounded animals, not othe1wise owner identifiable, for the holding periods as required Qy State law.

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Council Agenda - September 5, 2024
Agreement No. 21-007

7. Euthanasia: Humane euthanasia services shall be provided as required for impounded animals held at the Shelter for the lawful number of days, if such animal is not reclaimed by the animal's owner and is deemed not adoptable by COUNTY. Untreatable Animals that are iITemediably suffering from a serious iilness or severe injury may not be held for owner redemption or adoption. Only euthanasia methods approved by the American Veterinary Medical Association shall be used. Records shall be kept for a period of not less than three (3) years on each euthanized anin,1al shall include the following information:
breed; sex; color; weight; other distinguishing characteristics; date, time and location where animal was found; method of euthanasia 1 and reason for use of method.

8. Quarantine: COUNTY shall quarantine, as pr~scribed by the California Compendium of Rabies Control and Prevention, State law, and COUNTY policy, all animals suspected of being rabid, or involved in a bite investigation.

Impoundments and Quarantines: COUNTY shall house, feed and care for all animals impounded and/or quarantined at the Shelter. Quarantined animals may be quarantined at the owner's home or an alternate location.

9. Animals Surrendered by their Owners: Any pet smrendered by the owner to an Animal Control Officer and transported to the COUNTY shelter shall incur prevailing owner surrender charges. Such fees shall be collected from the owner and conveyed to the COUNTY, or be charged directly to the CITY &t the established stray animal rate. a. Animals Surrendered by their Owners: Owner Surrenders will be impounded on a case by case basis. Diversion programs. will be offered to assist with pet retention.

CITY shall direct their constituents to cohsult with COUNTY to surrender their pet.

COUNTY will offer CITY's constituenti', assistance through diversion programs.

I 0. Any pet surrendered by the owner to an Animal Control Officer and transported to the COUNTY sbelter shall incm prevailing own¢r surrender charges. Such fees shall be collected from the owner and conveyed to the COUNTY, or be charged directly to the CITY at the established stray animal rate. ClTY Animal Control Officers shall refer constituents requesting to surrender their animal·to COUNTY for a diversion consultation.

CITY shall not accept owner surrenders in the field prior to the constituent consulting the COUNTY.

11. Wildlife: COUNTY and CITY Animal Control Officers wiU work with constituents to ensure public safety while maintaining wildlife 'in the wild. COUNTY and CITY Animal Control Officers will triage wildlife reports to de~ermine the appropriate response. Wildlife will be impounded if then: is a public safety haz~rd, if the animal's welfare is at risk, if the animal is injured or orphaned, if the animal has been involved in a bite, or involved in an animal cruelty investigation.

12. Vicious and Potcntiallv Dangerous Dogs: Any dog declared or detcnnined to be vicious or potentially dangerous and in custody of COUNTY either under impoundment or quarantine shall be deemed unsuitable for adoption and shall not be released except as required by State law or at the Director of Animal Services' discretion.

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Council Agenda - September 5, 2024
Agreement No. 21-007

13. Incoming Animal Identification: Incoming a}1imals shall be checked immediately for collar tags and scanned for microchip by qua!jfied Shelter staff within one ( l) hour of aJTival to the Shelter. Shelter staff shall make all attempts to notify owners within twenty­ four (24) hours ofan Impounded Animal delivered by CITY to COUNTY. Animal Control Officers shall attempt to return animals in the field prior to delivering the impounded animal to the shelter. Animal Control Officers shall scan animals in the field for microchips, call phone numbers on tags or research license numbers in an effort to reunite animals in the field.

14. Jncoming Animal Examinations/Assessments: A cursory exam of an animal shall be performed within twelve (12) hours, except ql.uring Limited Service Hours when the examination will be performed within twe1ity-four (24) hours. Incoming animal assessment shall include the following:
a. A physical examination to determine if a medical condition exists which requires a veterinarian's attention
b. Routine vaccinations and de-worming, a$ nceded
c. External parasite treatment, as needed
d. Document the animal's incoming weight
e. Scan for microchip identification
f. fa:tablish unique identifier for the animal
g. Document any identit)ling features or abh01n1alities. The COUNTY shall properly document on an animal-by-animal basis.that an examination/assessment has been perfonned.

15. Enforcement: Enforce all relevant provisions ofCITY's municipal code and State law as may be applicable to animals housed, kept or m~intained at the Shelter.

16. Adoption: Animals identified as being available for adoption shall be up for adoption in the shelter or off-site location, or by posting online.

17. Spay and Neuter: COUNTY shall ensure that all dogs and cats adopted from the Shelter are spayed or neutered, or that adequate provisions are made for such spaying or neutering if COUNTY transfers any animals, or if an adopted animal is unable to receive spaying or neutering due to a medical condition.

In accordance with California Food and Agricultural ("F&A") Code Sections 30503 and 31751.3, if veterinarian employed at the Sheltet certifies that a dog or cat is too sick or injured to be spayed or neutered, the COUNTY shall collect a spay/neuter deposit from the adopter or purchaser and this deposit shall be deposited into a segregated fund maintained by the COUNTY. The deposit shall be fully refunded to the adopter or purchaser if proof of sterility is provided within thirty (30) business days from the date of surgery, at which the deposit is forfeited in accordance with F&A ·code Sections 30503 and 31751.3. Spay and neuter deposits shall only be used by the COUNTY for canine and feline spay and neuter programs.
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Council Agenda - September 5, 2024
Agreement No. 21-007

18. Microchipping: In accordance with Califom\a Food and Agricultural ("F&A") Code Sections 31108.3 and 31752.1, COUNTY shall ensure that all dogs and cats being reclaimed, adopted, or transferred to a neW owner are microchipped with current information prior to leaving the shelter.

19. Community Adoption Partners: COUNTY sh~ll comply wilh F&A Code Sections 31108 and 31752 that provide that any stray dog or cat that is impounded "shal!, prior to the euthanasia of that animal be released to a nonpt1ofit, as defined in Section 50 l(c)(3) of the Internal Revenue Code, animal rescue or aqoption organization if requested by the organization prior to the scheduled euthanasia of that animal. The public or private shelter may enter into cooperative agreements witl;l any animal organization or adoption organization. The public or private shelter or organization must be approved by COUNTY prior to the transfer of any animals. In addition lo any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released."

20. Foster Care Placement: Ceitain animals may be placed in COUNTY's foster care placement program so to improve animal can~, give certain animals a better chance of adoption, and lift the spirits and morale of staff and volunteers.

21. Community Cat Program (CCP): COUNTY shall determine a cat's eligibility for the CCP. Ifit is determined that a cat is eligible, the cat will be spayed/neutered, vaccinated, and eartipped. Once cat has recovered, the cat will be returned to place of origin.

22. Drug Enforcement Agency (DEA): COUNTY shall comply with all Drug Enforcement Agency (DEA) regulations regarding storage, re.cord-keeping, invento1y, use, and disposal of all controlled substances.

23. Staffing and Volunteers: COUNTY shall recruit and supervise all necessary personnel for 1'he office, kennel, veterina1y and other areas of the Shelter. Staffing shall include any and all full or part-time personnel and shall include the recrnitment, supervision and assignment of volunteers in suitable Shelter-reh,l.ted activities. Personnel employed at the Shelter in the performance of Shelter-related activities shall be designated as COUNTY employees and any and a\1 volunteers engaged in Shelter activities shall participate in activities designated by COUNTY and shall be under the auspices of COUNTY. Use of volunteers at the Shelter shall be determined by COUNTY.

24. Missing Animals: COUNTY shall notify a/1 appropriate law enforcement agency immediately of any animal missing from the Shelter that had previously been impounded and/or in protective custody.

25. CITY Access: COUNTY shall provide acces$ of 1he entire Shelter to the authorized representatives ofClTY during Regular Service Hours or at such other times upon written notice.
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Council Agenda - September 5, 2024
Agreement No. 21-007

26. Livestock and Fowl Care: COUNTY shall provide food, care and shelter to livestock and fowl, either at the Shelter or at another location, when such animals cannot be cared for at the Shelter.

Costs of housing any livestock or fowl, regardkss of Shelter location shall be charged to the owner of the animal, if known. If the animal's owner wishes to redeem the animal, the owner shall first pay all applicable fees and cl)argcs at the Shelter; except as otherwise required by law, then and only, will the COUNTY authorize release of the animal.

COUNTY shall notify CITY in writing when said expenses reach the amount of $5,000 or greater per incident. Such expenses shall not e)<ceed the amount of $25,000 per incident unless authorized in writing by CITY.

27. Animal Disposal: COUNTY shall prohibit any animal whether dead or alive, which has been impounded, in custody, or in quarantine at.the Shelter lo be given away, disposed of, traded, sold or in any manner given over to another person, organization or entity for experimentation, regardless of purpose. COUNTY shall be responsible for the disposal of animal remains in its custody or control, subject to applicable State laws.

D. COMPENSATION
1 .. Compensation for Animal Shelter Services: Additional compensation for Animal Shelter Services may be required. Additional costs for large animal sheltering arc incun-ed at $20 per animal, per day for horses and cattl¢, and $12 per animal, per day for swine, goats and sheep in accordance with COUNTY'$ Animal Control Ordinances and shall be billed based on actual sheltering on a monthly basis.

2. Impound/Quarantine Fees: CITY shall be responsible for all costs associated with any and all animals seized within the CITY boundaries and brought to COUNTY which are held in Shelter, including facilities that have agreements with the COUNTY to provide additional shelter services under the supervision of the COUNTY. This includes, but is not limited to, animals held in association with any criminal prosecution of animal abuse and welfare cases, animals being held as evidence ill a court filing, or rabies quarantine. The COUNTY agrees to assist the CITY in seeldng reimbursement from the owner by providing invoices for all services provided. All ;Services provided to each animal involved shall be charged as of the current date including but not limited to the following: IMP 1- collection; State Fine I-collection, Board collection- all fees due; QT Board collection~if applicable; Rabies Vaccination collection- if a{1plicable; DA2PPV collection; Bordatella collection; microchip collection; any and all medications provided to each animal; and personnel charges. All fees will be in accordance with the COUNTY's current fee schedule.

3. Outreach Activities: CITY shall work with COUNTY to promote responsible pet ownership, lost and found animals, mutually agreeable animal welfare programs, Spay/Neuter Services, and adoption of animals ~hrough its own educational outreach, and through its own social media pages. If requested by CITY, the daily flat rates for educational outreach events, vaccination clinics or spay/neuter clinics shall be billed based actual outreach days scheduled at the rates below:

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Council Agenda - September 5, 2024
Agreement No. 2 l-007
a. Vaccination or Spay/Neuter Clinic: The c~st includes staff, vaccinations and microchips, free to constituents with a two hundred (200) animal cap per event. The clinics are billed on actual use:.
b. Education Outreach Event: The cost to staff an outreach event for the purpose of educating CITY constituents. The outreach events are billed on actual use.

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Council Agenda - September 5, 2024

PAYMENT PROVISIONS

CITY OF INDIAN WELLS

EXHIBIT C
Agreement No. 21-007
City of Indian Wells ("CITY") shall compensate the County of Riverside ("COUNTY") on a monthly basis all fees and rates in accordance with the COUNTY's current fee schedule as set fotth below:

A. Animal Field and Sheltering Services Rates*
Service Quantity Amount Total Yearly Monthly
Installments
Animal Control Officer (on 14 hours $142.12 $1,990 $166 call) Animal Sheltering* 8 $25.80 $2,064 $172
Operation & Maintenance* 8 $10.44 $84 $7
License Processing Fee 175 $10.26 $1,796 $150
Total Cost $5,934 $495
*Yearly cost estimate based on statistics provided by ClTY of its prior year's impound rate of 8 stray dogs and cats per year, based on an average often (10) kenneling days. Rates arc established by the Board of Supervisors and are subject to change as amended by COUNTY from time to time.

City shall be provided with actual impound statistics ear;:h month that detail the number of animals impounded and the number of kenneling days.

Large Animal Sheltering: $20/animal (horses, ponies, cattle) per day ofshellering.

Large Animal Sheltering: $12/animal (swine, goats, sliieep) per day of sheltering.

B. Collection of License Fees
CITY authorizes COUNTY to issue and col!ect the fee~ for canine licenses and retain the license processing fee on any and all canine license rcvcnu;c generated by CITY residents during the term of the Agreement. All fees collected for cm)ine licenses shall be accounted for by the COUNTY on a monthly basis and the COUNTY shall credit to CITY the net amount oflicense fees collected for each month. For purposes of Lhis Agreement, the net amount of license fees shall mean the total amount of license fees collected in a month less the license processing fee and shall be separate and apmt from the monthly 9ompensation rate due and payable by the CITY as set forth above in Section A.

C. Impound/Quarantine Fees
CITY shall be responsible for all costs associated \Vith a11y and all animals seized within the CITY boundaries and brought to COUNTY held in the $helter, including facilities that have C-1

Council Agenda - September 5, 2024
Agreement No. 21-007
agreements with the COUNTY Lo provide additional sl1e1ter services under the supervision of the COUNTY. This includes, but is not limited to, animals held in association with any criminal prosecution of animal abuse 2.nd welfare cases, animals being held as evidence in a court filing, or rabies quarantine. The COUNTY agrees to assist the ClTY in seeking reimbmscment from the owner by providing invoices for all services provided. All services provided to each animal involved shall be charged as of the current date including but not limited to the following: IMP I ~ collection; State Fine I-collection, Board collection- all fees due; QT Board collection-if applicable; Rabies Vaccination collection- if applicable; DA2PPV collection; Bordateila collection; microchip collection; any and all medicatiolls provided to each animal; and personnel charges.

D. Optional Services at Citv's Request
I.Vaccination or Spay/Neuter Clinic: The service provided herein shall be free to constituents, with a two hundred (200) animal cap per vaccination cl\nic, or thirty (30) spay and/or neuter surgeries per spay/neuter clinic. Billed on actual use.

2. Education Outreach Event: The cost for staff an oµtreach event for the purpose of educating CITY constituents. Billed on actual use.

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Council Agenda - September 5, 2024

FIRST AMENDMENT TO

AGREEMENT FOR ANIMAL CONTROL FIELD AND

SHELTER SERVICES BETWEEN THE CITY OF

INDIAN WELLS AND THE COUNTY OF RIVERSIDE
This First Amendment to the AGREEMENT FOR ANIMAL CONTROL FIELD AND SHELTER SERVICES between COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of its Department of Animal Services (“COUNTY”) and the CITY OF INDI AN WELLS (“CITY”), herein referred to as the “First Amendment”, dated as of the Effective Date (defined herein), amends the Agreement as follows:

RECITALS
WHEREAS, COUNTY and CITY entered into an Agreement for Animal Control Field and Shelter Services Between the City of Indi an Wells and the County of Riverside for the provision of Animal Control Field and Shelter Services (“Original Agreement”) for a term commencing July 1, 2021 through June 30, 2024; and
WHEREAS, the COUNTY’s Board of Supervisors ratified and approved the Agreement on August 17, 2021, in Minute Order 3.6; and
WHEREAS, the COUNTY has continuously provided the CITY with Animal Control Field and Shelter Services since July 1, 2021; and
WHEREAS, the Agreement authorizes amendments to the Agreement with the approval of the Board of Supervisors of COUNTY and City Council of CITY; and WHEREAS, COUNTY and CITY desire to extend the term of the Agreement until June 30, 2025; and
WHEREAS, COUNTY and CITY desire to amend the Agreement to reflect changes in the compensation, license fees and payment provisions.

NOW, THEREFORE, in consideration of the foregoing, COUNTY and CITY agree as follows:

1. Recitals – The recitals set forth above are true and correct and incorporated herein by reference.

2. Effective Date and Term . “The “Effective Date” of this First Amendment shall be July 1, 2024 and shall terminate on June 30, 2025 unless terminated earlier as provided herein under Section VI, Termination.”

3. Exhibit “A,” Exhibit “B” and Exhibit “C” of the Agreement are hereby removed in their entirety and replaced with Exhibit “A-1,” Exhibit “B-1,” and Exhibit “C -1” attached hereto and incorporated herein by this reference.

ATTACHMENT #2

Council Agenda - September 5, 2024

FIRST AMENDMENT TO

AGREEMENT FOR ANIMAL CONTROL FIELD AND

SHELTER SERVICES BETWEEN THE CITY OF

INDIAN WELLS AND THE COUNTY OF RIVERSIDE

4. Entire Understanding . This First Amendment and the Original Agreement contain the entire understanding and agreement of the Parties. There are no oral or written representations, understandings, or ancillary covenants, undertakings or agreements that are not contained or expressly referred to within this First Amendment and Original Agreement.

5. Further Assurances. The Parties agree to execute such other documents and to take such other actions as may be necessary to further the purpose of this First Amendment.

6. Agreement in Full Force and Effect . Except as otherwise expressly modified herein, all other terms and conditions of the Agreement remain unmodified and in full force and effect.

7. Counterparts. This First Amendment may be executed in several counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]

Council Agenda - September 5, 2024

FIRST AMENDMENT TO

AGREEMENT FOR ANIMAL CONTROL FIELD AND

SHELTER SERVICES BETWEEN THE CITY OF

INDIAN WELLS AND THE COUNTY OF RIVERSIDE

IN WITNESS WHEREOF, COUNTY and CITY have caused their duly authorized representatives to execute this First Amendment.

COUNTY OF RIVERSIDE CITY OF INDIAN WELLS

By:

Chuck Washington, Chair
Board of Supervisors
By:

Christopher Freeland
City Manager

ATTEST:

Kimberly Rector
Clerk of the Board

By:

ATTEST:

Angelica Avila
City Clerk

By:

APPROVED AS TO FORM:

Minh Tran
County Counsel

By:

Bruce G. Fordon
Deputy County Counsel
APPROVED AS TO FORM:

By:

Todd Leishman, City Attorney
for Best, Best & Kriger LLP

Council Agenda - September 5, 2024

CITY OF INDIAN WELLS
EXHIBIT “A-1”

SCOPE OF ANIMAL CONTROL FIELD SERVICES
The County of Riverside (“COUNTY”), agrees to provide the following Animal Control Field Services for the City of Indian Wells (“CITY”):

1. Provision of Field Services: The Animal Control Field Services to be provided by COUNTY for CITY within the corporate limits of CITY shall include the following activities:

1.1 Field Service Assistance: Respond to all calls for field service assistance pursuant to the priority of calls as described in this Exhibit “A” below.

1.2 Impoundment: County shall impound all animals found at large and collect and retain such impound fees as established by COUNTY’s Board of Supervisors.

1.3 Proper Care and Treatment : Provide humane care and treatment to any stray or abandoned animal in accordance with State law.

1.4 Animal Bites: Investigate reported bites by animals. COUNTY shall respond to all reported bites by dogs or by suspected rabid or wild animals. CITY shall be responsible for handling, whether directly or by its own legal counsel, administrative or criminal proceedings, including and without limitation, appeals and enforcement actions, arising hereunder; COUNTY shall reasonably facilitate and make Animal Control Officers available for such court proceedings.

1.5 Quarantine: Quarantine all animals suspected to be rabid and/or that have bitten a person as prescribed by the California Compendium of Rabies Control and Prevention, the California Department of Public Health, and COUNTY policy.

1.6 Nuisance Animal Complaints: Respond to and process nuisance complaints, including stray and barking animal complaints, as referenced in Riverside County Ordinance 630, codified at Title 6 of the Riverside County Municipal Code (“Title 6”). CITY shall be responsible for handling, whether directly or by its own legal counsel, administrative or criminal proceedings, including and without limitation, appeals and enforcement actions, arising hereunder; COUNTY shall reasonably facilitate and make Animal Control Officers available for such court proceedings.

1.7 Dead Animals: Remove dead animals from the public right-of-way except in such cases where the animal is on a state highway within CITY limits. In such cases, COUNTY shall immediately (or as soon as practicable) notify the State of California Department of Transportation by telephone, facsimile, email or other means.

1.8 Return of Impounded Animals : Encourage the return of any lost/stray animal (impounded by field personnel) to the rightful owner in the field, subject to the payment of impound fees.

1.9 Kennels and Catteries : COUNTY shall inspect and issue permits to operate dog kennels and catteries within CITY pursuant to Title 6 and collect fees in connection therewith.

1.10 Issuance of Warnings and Citations : Enforce all appropriate provisions of Riverside County Ordinances, codified at Title 6 of the Riverside County Municipal Code, as necessary, including the issuance of warning notices or citations, for violations of the provisions of said Code. CITY shall be responsible for handling, whether directly or by its own legal counsel, administrative or criminal proceedings, including and without limitation, appeals and enforcement actions, arising hereunder; COUNTY shall reasonably facilitate and make Animal Control Officers available for such court proceedings.

1.11 Service to Public: Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and procedures notwithstanding, COUNTY, in processing any type of complaint or request for service, shall indicate to the caller that a response can be expected as described in Section 5 below.

Council Agenda - September 5, 2024

1.12 Complaints: The CITY and COUNTY shall designate a primary and alternate contact person for the purpose of addressing complaints. "Complaint" as used herein shall mean any dissatisfaction or problem in the performance of services under this contract. When a complaint is received that requires a response from either PARTY, the CITY and COUNTY representatives designated for addressing complaints shall meet and confer to investigate and address the complaint within a reasonable time period.

2. Shelter Care and Disposition Services : The COUNTY shall shelter CITY’s animals at the County Animal Shelter, or other COUNTY operated shelter at the COUNTY’s discretion.

3. Provision of Supplies, Vehicles and Radio Equipment : COUNTY shall provide animal control vehicle(s) and equip it with the appropriate animal control boxes mounted on the truck chassis and with an air conditioning unit mounted on the animal control truck boxes for use in the provision of services as set forth in this Agreement. Vehicles shall be replaced at the COUNTY’s discretion. The COUNTY shall fuel and maintain said vehicles. COUNTY shall also provide all other supplies, medications, pharmaceuticals, and equipment necessary for the efficient and effective operation of animal control field services provided herein.

4. Missing or Stolen Animals : COUNTY shall file a report with the appropriate law enforcement agency within twenty-four (24) hours if an impounded animal is missing or suspected to have been stolen from an animal control vehicle or while in COUNTY’s custody. COUNTY shall indicate on the police report the circumstances of the animal's disappearance.

5. Priority of Field Services:

5.1 Definitions:

5.1.1 “Services” are those enforcement activities rendered by COUNTY pursuant to the relevant sections of Title 6, related State law, and where applicable, County of Riverside Ordinances, and are assembled for expediency into two categories: Emergency and Non - Emergency.

5.1.2 “Priority Ranking” refers to the order of priority with which a call will be handled. All calls shall go directly to the dispatcher or assigned clerical staff for relay to the Animal Control Officer. If a call is exceptional, as defined in Section 5.4 of this Exhibit “A,” it shall be referred to the supervisor for evaluation and processing.

5.1.3 “Regular Service Hours” are the hours of 7:30 am to 5:00 pm, Monday through Friday, Holidays excepted.

5.1.4 “Limited Service Hours” are the hours of 5:00 pm to 7:30 am, Monday through Friday, all day Saturday, Sunday and on holidays.

5.1.5 “Holidays” are as those days as established by the COUNTY and the CITY wherein the CITY or COUNTY is closed for service on a day that would otherwise be a regular service day.

5.2 Field service activities shall be performed daily and are generally based on both the Priority Ranking and on Limited Service Hours. All calls involving imminent danger will be responded to within sixty (60) minutes if reasonably possible, subject to considerations involving the time of day, traffic conditions, or other circumstances. An Animal Control Officer shall respond to animal medical emergencies and other emergencies involving danger to humans within thirty (30) minutes or less during Regular Service Hours, and within sixty (60) minutes or less during Limited Service Hours and on Holidays. CITY acknowledges that response time may be affected by traffic congestion or other hindering circumstances. COUNTY shall provide a means for responding to calls for service that take place during Limited Service Hours which are of an emergent nature pursuant to this Exhibit “A.” Field service personnel shall be

Council Agenda - September 5, 2024

assigned to patrol and perform other service field tasks as defined by COUNTY and CITY.

5.3 Telephone service: The COUNTY shall answer all telephone calls for field services during Regular Service Hours. Calls shall be received by the COUNTY answering service during Limited Service Hours and on Holidays, as noted above. Calls answered by the answering service will be handled on an emergency basis as outlined in this Exhibit “A.” The dispatcher and/or clerical support staff shall maintain a detailed record of all requests for service, both emergency and routine, received during Regular Service Hours and Limited Service Hours, including time and date, when the calls were answered, and the disposition of those calls.

Records of these calls shall be maintained for at least thirty (30) days. The CITY and COUNTY agree that any incident reports to the COUNTY by residents or through emergency services involving a dangerous, aggressive, wild, injured or sick animal constitute an emergency and requires immediate action by the COUNTY pursuant to this Agreement. Calls for service received during Limited Service Hours that are not of an emergent nature shall be answered by an answering service and referred to call back on the next business day during phone center operational hours. These calls then be scheduled for response in accordance with this Exhibit “A.”

5.4 Calls considered as Emergencies to be handled Without Delay:

5.4.1 Animals endangering health or safety of the community.

5.4.2 Police Department requests for service.

5.4.3 Sick or injured stray animals.

5.4.4 Animals in distress.

5.4.5 Humane investigations – life threatening. (Depending on immediate circumstance)

5.4.6 Venomous snakes

5.4.7 Dead animal removal, Summer months only between June 1 and August 31 during Regular Business Hours

5.5 Calls Considered as Non-Emergency to be handled during Regular Business Hours:

5.5.1 Pick-up confined, healthy, stray-animals.

5.5.2 Dead animal removal, between September 1 and May 31.

5.5.3 Quarantine investigations.

5.5.4 Leash law enforcement.

5.5.5 Nuisance animal investigations.

5.5.6 Permit investigations.

5.6 Exceptions:

The Director of Animal Control or the deputies of the Animal Control Director may, on a case- by-case basis, authorize variations of priority when circumstances require.

6. Quarterly Reports:

COUNTY shall furnish to the City Manager, or designee, quarterly and annual reports detailing field services provided that quarter. Upon reasonable notice to COUNTY, CITY may inspect any facility or records to verify the data contained in the reports.

Council Agenda - September 5, 2024

CITY OF INDIAN WELLS
EXHIBIT “B-1”

SCOPE OF ANIMAL SHELTERING SERVICES
The County of Riverside, on behalf of its Department of Animal Services (“COUNTY”), agrees to provide the following Animal Shelter Services for the City of I ndian Wells (“CITY”). All capitalized terms set forth herein are defined in Section B below.

A. COUNTY ANIMAL SHELTER LOCATION

1. Shelter Location: The COUNTY shall maintain CITY’s animals at the Coachella Valley Animal Campus (“Shelter”), or other shelter operated by COUNTY at COUNTY’s discretion.

The COUNTY shall be responsible for the operation and maintenance of its shelters and the care of the animals on a twenty-four (24) hour basis.

2. Shelter Hours of Operation: COUNTY shall maintain hours of operation at the Shelter to provide maximum public access to the animals, to the extent possible.

B. DEFINITIONS

1. Animal Shelter Services” shall include the following activities and services:
a. Impoundment, admittance, receipt of, care of, custody of and/or feeding of any and all stray animals.
b. Redemption, treatment, sale, adoption, and/or disposal of all animals. c. Counseling and advising animal owners.
d. Posting on Shelter’s website of photographs of all newly impounded animals and identifying each animal individually.
e. Ensuring that all dogs, four (4) months and older, released from the COUNTY to a resident of County of Riverside are licensed, microchipped, and spayed/neutered and, if not licensed, to sell license to the owner or other person taking custody of such dog. In accordance with COUNTY ordinances, require the micro -chipping of released animals at the owner’s expense.
f. Humane euthanasia of animals as lawful and necessary, including the creation of a log detailing those animals that are euthanized and the reasons for such euthanasia on an animal- by-animal basis. This log shall include whether the animal was unhealthy and/or unsuitable for adoption.
g. Proper disposal of dead animals at the rate as set forth in Exhibit “C,” Payment Provisions. h. “Care” includes, but is not limited to providing a safe, temporary refuge for any animal impounded, and providing needed medical services for injured/sick animals or transfer of animal to the appropriate agency.

2. “Adoptable Animal” shall mean an animal eight (8) weeks of age or older that at or subsequent to the time the animal is impounded or taken into possession, has manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health or temperament of the animal, or that is likely to adversely affect the animal’s health in the future. Dogs declared “vicious” or “potentially dangerous” under State and/or local laws shall be deemed unadoptable.

3. “Treatable” shall mean an animal with a medical condition such as skin problems, bad flea or skin infestations, a broken limb, abscesses, or problems that may be treated with appropriate resources, holding space, treatment and/or time. “Treatable” shall also mean an animal with behavioral

Council Agenda - September 5, 2024

conditions that may be corrected with time and proper training, such as chasing animals/objects, food aggression, etc.

4. “Untreatable Animal” shall mean any animal that is irremediably suffering from a serious illness or physical injury or behavioral condition and shall not be held for owner redemption or adoption.

5. “Impounded Animal” shall include animals found running at large, removed from private property, or that are taken into the shelter by COUNTY or law enforcement.

6. “Seized Animal” shall include animals that are confiscated under Penal Code 597.1 from an owner when ordered by a court of competent jurisdiction, whether the seizure was determined justified or not, when exigent circumstances exist.

C. SCOPE OF ANIMAL SHELTER SERVICES

1. Treatment of Animals: COUNTY shall provide adequate care and treatment of CITY’s animals whiles in custody of COUNTY to ensure that impounded animals are provided with humane and appropriate levels of care, including a clean environment, fresh water, adequate nutrition and appropriate medical care.

2. Level of Service Provided : COUNTY shall provide Animal Shelter Services as defined in this Agreement. COUNTY’s policies and procedures for Animal Shelter Services shall be based on standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association and American Veterinary Medical Association.

3. Feeding Protocols: All animals shall be fed in amounts appropriate to meet their nutritional needs.

4. Disease Control and Sanitation : COUNTY shall maintain the Shelter in a clean and sanitary condition. COUNTY’s policies and procedures may include beneficial standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association and American Veterinary Medical Association.

5. Provision of Personnel and Supplies : COUNTY shall provide personnel, supplies, materials, medication, pharmaceuticals, and equipment, including forms and reports, to perform all aspects of the Animal Shelter Services described herein.

6. Holding Periods : COUNTY shall hold all stray -impounded animals, not otherwise owner identifiable, for the holding periods as required by State law.

7. Euthanasia: Humane euthanasia services shall be provided as required for impounded animals held at the Shelter for the lawful number of days, if such animal is not reclaimed by the animal’s owner and is deemed not adoptable by COUNTY. Untreatable Animals that are irremediably suffering from a serious illness or severe injury may not be held for owner redemption or adoption.

Only euthanasia methods approved by the American Veterinary Medical Association shall be used.

Records shall be kept for a period of not less than three (3) years on each euthanized animal shall include the following information: breed; sex; color; weight; other distinguishing characteristics; date, time and location where animal was found; method of euthanasia, and reason for use of method.

8. Quarantine: COUNTY shall quarantine, as prescribed by the California Compendium of Rabies Control and Prevention, State law, and COUNTY policy, all animals suspected of being rabid, or

Council Agenda - September 5, 2024

involved in a bite investigation.
a. Impoundments and Quarantines: COUNTY shall house, feed and care for all animals impounded and/or quarantined at the Shelter. Quarantined animals may be quarantined at the owner’s home or an alternate location.

9. Animals Surrendered by their Owners: Any pet surrendered by the owner to an Animal Control Officer and transported to the COUNTY shelter shall incur prevailing owner surrender charges.

Such fees shall be collected from the owner and conveyed to the COUNTY or be charged directly to the CITY at the established stray animal rate.

a. Animals Surrendered by their Owners: Owner Surrenders will be impounded on a case by case basis. Diversion programs will be offered to assist with pet retention. CITY shall direct their constituents to consult with COUNTY to surrender their pet. COUNTY will offer CITY’s constituents assistance through diversion programs.

10. Any pet surrendered by the owner to an Animal Control Officer and transported to the COUNTY shelter shall incur prevailing owner surrender charges. Such fees shall be collected from the owner and conveyed to the COUNTY or be charged directly to the CITY at the established stray animal rate. CITY Animal Control Officers shall refer constituents requesting to surrender their animal to COUNTY for a diversion consultation. CITY shall not accept owner surrenders in the field prior to the constituent consulting the COUNTY.

11. Wildlife: COUNTY and CITY Animal Control Officers will work with constituents to ensure public safety while maintaining wildlife in the wild. COUNTY and CITY Animal Control Officers will triage wildlife reports to determine the appropriate response. Wildlife will be impounded if there is a public safety hazard, if the animal’s welfare is at risk, if the animal is injured or orphaned, if the animal has been involved in a bite, or involved in an animal cruelty investigation.

12. Vicious and Potentially Dangerous Dogs: Any dog declared or determined to be vicious or potentially dangerous and in custody of COUNTY either under impoundment or quarantine shall be deemed unsuitable for adoption and shall not be released except as required by State law or at the Director of Animal Services’ discretion.

13. Incoming Animal Identification: Incoming animals shall be checked immediately for collar tags and scanned for microchip by qualified Shelter staff within one (1) hour of arrival to the Shelter.

Shelter staff shall make all attempts to notify owners within twenty -four (24) hours of an Impounded Animal delivered by CITY to COUNTY. Animal Control Officers shall attempt to return animals in the field prior to delivering the impounded animal to the shelter. Animal Control Officers shall scan animals in the field for microchips, call phone numbers on tags or research license numbers in an effort to reunite animals in the field.

14. Incoming Animal Examinations/Assessments: A cursory exam of an animal shall be performed within twelve (12) hours, except during Limited Service Hours when the examination will be performed within twenty-four (24) hours. Incoming animal assessment shall include the following:
a. A physical examination to determine if a medical condition exists which requires a veterinarian’s attention
b. Routine vaccinations and de-worming, as needed
c. External parasite treatment, as needed
d. Document the animal’s incoming weight

Council Agenda - September 5, 2024

e. Scan for microchip identification
f. Establish unique identifier for the animal
g. Document any identifying features or abnormalities. The COUNTY shall properly document on an animal -by-animal basis that an examination/assessment has been performed.

15. Enforcement: Enforce all relevant provisions of CITY’s municipal code and State law as may be applicable to animals housed, kept or maintained at the Shelter.

16. Adoption: Animals identified as being available for adoption shall be up for adoption in the shelter or off-site location, or by posting online.

17. Spay and Neuter : COUNTY shall ensure that all dogs and cats adopted from the Shelter are spayed or neutered, or that adequate provisions are made for such spaying or neutering if COUNTY transfers any animals, or if an adopted animal is unable to receive spaying or neutering due to a medical condition. In accordance with California Food and Agricultural (“F&A”) Code Sections 30503 and 31751.3, if veterinarian employed at the Shelter certifies that a dog or cat is too sick or injured to be spayed or neutered, the COUNTY shall collect a spay/neuter deposit from the adopter or purchaser and this deposit shall be deposited into a segregated fund maintained by the COUNTY.

The deposit shall be fully refunded to the adopter or purchaser if proof of sterility is provided within thirty (30) business days from the date of surgery, at which the deposit is forfeited in accordance with F&A Code Sections 30503 and 31751.3. Spay and neuter deposits shall only be used by the COUNTY for canine and feline spay and neuter programs.

18. Microchipping: In accordance with California Food and Agricultural (“F&A”) Code Sections 31108.3 and 31752.1, COUNTY shall ensure that all dogs and cats being reclaimed, adopted, or transferred to a new owner are microchipped with current information prior to leaving the shelter.

19. Community Adoption Partners: COUNTY shall comply with F&A Code Sections 31108 and 31752 that provide that any stray dog or cat that is impounded “shall, prior to the euthanasia of that animal be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal. The public or private shelter may enter into cooperative agreements with any animal organization or adoption organization. The public or private shelter or organization must be approved by COUNTY prior to the transfer of any animals. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released.”

20. Foster Care Placement: Certain animals may be placed in COUNTY’s foster care placement program so to improve animal care, give certain animals a better chance of adoption, and lift the spirits and morale of staff and volunteers.

21. Community Cat Program (CCP): COUNTY shall determine a cat’s eligibility for the CCP. If it is determined that a cat is eligible, the cat will be spayed/neutered, vaccinated, and eartipped. Once cat has recovered, the cat will be returned to place of origin.

22. Drug Enforcement Agency (DEA): COUNTY shall comply with all Drug Enforcement Agency (DEA) regulations regarding storage, record-keeping, inventory, use, and disposal of all controlled substances.

Council Agenda - September 5, 2024

23. Staffing and Volunteers: COUNTY shall recruit and supervise all necessary personnel for the office, kennel, veterinary and other areas of the Shelter. Staffing shall include any and all full or part-time personnel and shall include the recruitment, supervision and assignment of volunteers in suitable Shelter-related activities. Personnel employed at the Shelter in the performance of Shelter- related activities shall be designated as COUNTY employees and any and all volunteers engaged in Shelter activities shall participate in activities designated by COUNTY and shall be under the auspices of COUNTY. Use of volunteers at the Shelter shall be determined by COUNTY.

24. Missing Animals: COUNTY shall notify an appropriate law enforcement agency immediately of any animal missing from the Shelter that had previously been impounded and/or in protective custody.

25. CITY Access: COUNTY shall provide access of the entire Shelter to the authorized representatives of CITY during Regular Service Hours or at such other times upon written notice.

26. Livestock and Fowl Care: COUNTY shall provide food, care and shelter to livestock and fowl, either at the Shelter or at another location, when such animals cannot be cared for at the Shelter.

Costs of housing any livestock or fowl, regardless of Shelter location shall be charged to the owner of the animal, if known. If the animal’s owner wishes to redeem the animal, the owner shall first pay all applicable fees and charges at the Shelter; except as otherwise required by law, then and only, will the COUNTY authorize release of the animal. COUNTY shall notify CITY in writing when said expenses reach the amount of $5,000 or greater per incident. Such expenses shall not exceed the amount of $25,000 per incident unless authorized in writing by CITY.

27. Animal Disposal: COUNTY shall prohibit any animal whether dead or alive, which has been impounded, in custody, or in quarantine at the Shelter to be given away, disposed of, traded, sold or in any manner given over to another person, organization or entity for experimentation, regardless of purpose. COUNTY shall be responsible for the disposal of animal remains in its custody or control, subject to applicable State laws.

28. LICENSE FEES (Section 2 of Riverside County Ordinance 630): Licenses shall be issued upon payment of the license fees at the same rate as established in Section 2 of Riverside County Ordinance No. 630 and are subject to change as amended by COUNTY’s Board of Supervisors, from time to time.

29. RABIES VACCINATION CERTIFICATE DATA: Rabies vaccination certificates shall be collected from area veterinarians and downloaded into COUNTY’s database after the data has been scrubbed of inconsistencies. Reminders of licensing requirements shall be automatically generated and mailed to dog owners. Those owners who fail to comply may be subsequently issued administrative citations. Remittance options include the web licensing portal on COUNTY’s website, www.rcdas.org. COUNTY shall verify dog license status when responding to requests for service or when responding to complaints. COUNTY shall also provide an automated or manual verification system whereby owners can verify the status of their animal’s license by telephone.

30. COLLECTION OF LICENSE FEES: CITY authorizes COUNTY to issue and collect the fees for canine licenses and retain $11.92 per license on any and all canine license revenue generated by CITY residents during the term of the Agreement. All fees collected for canine licenses shall be accounted for by the COUNTY on a monthly basis and the COUNTY shall remit to CITY the net amount of license fees collected for each month. For purposes of this Agreement, the net amount of license fees shall mean the total amount of license fees collected in a month less the total of

Council Agenda - September 5, 2024

$11.92 per each canine license issued and shall be separate and apart from the monthly compensation rate due and payable by the CITY as required in Section III. Compensation .

CITY shall be responsible for a one -time conversion fee for new data entered into COUNTY’s licensing database.

D. COMPENSATION

1. Compensation for Animal Shelter Services: Additional compensation for Animal Shelter Services may be required. Additional costs for large animal sheltering are incurred at $21 per animal, per day for horses and cattle, and $12.60 per animal, per day for swine, goats and sheep in accordance with COUNTY’s Animal Control Ordinances and shall be billed based on actual sheltering on a monthly basis.

2. Impound/Quarantine Fees: CITY shall be responsible for all costs associated with any and all animals seized within the CITY’s boundaries and brought to COUNTY which are held in Shelter, including facilities that have agreements with the COUNTY to provide additional shelter services under the supervision of the COUNTY. This includes, but is not limited to, animals held in association with any criminal prosecution of animal abuse and welfare cases, animals being held as evidence in a court filing, or rabies quarantine. The COUNTY agrees to assist the CITY in seeking reimbursement from the owner by providing invoices for all services provided. All services provided to each animal involved shall be charged as of the current date including but not limited to the following: IMP 1-collection; State Fine 1-collection, Board collection- all fees due; QT Board collection-if applicable; Rabies Vaccination collection - if applicable; DA2PPV collection; Bordatella collection; microchip collection; any and all medications provided to each animal; and personnel charges. All fees will be in accordance with the COUNTY’s current fee schedule.

3. Outreach Activities: CITY shall work with COUNTY to promote responsible pet ownership, lost and found animals, mutually agreeable animal welfare programs, Spay/Neuter Services, and through its own social media pages. If requested by CITY, the daily flat rates for vaccination clinics or spay/neuter clinics shall be billed based actual outreach days scheduled at the rates below:

a. Vaccination or Spay/Neuter Clinic: The cost includes staff, vaccinations and microchips, free to constituents with two hundred (200) animal cap per event for vaccination clinic OR thirty (30) animal cap per event for spay/neuter. The clinics are billed on actual use.

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Council Agenda - September 5, 2024

CITY OF INDIAN WELLS
EXHIBIT “C-1”

PAYMENT PROVISIONS
City of Indian Wells (“CITY”) shall compensate the County of Riverside (“COUNTY”) on a monthly basis arrears, with a monthly billing and accounting thereof by COUNTY to CITY those fees as established by the CITY’s Master Fee Schedule, as amended from time to time, and COUNTY’s Board of Supervisors’ fee schedule, as amended from time to time; relative to the services to be performed under this Agreement as follows:

Field and Shelter Services Estimate

Service Quantity Cost Annually Monthly
Animal Control Officer (on
call)- Estimated Overtime*
36 $178.66/hour $6,431.76 $535.98
Animal Sheltering** 5 $35.81/day $179.05 $14.92
Wildlife Impounds** 5 $144.90/per $724.50 $60.38
Deceased Animal Pick-Up
and Disposal**
13 $73.50/per $955.50 $79.63
O&M** 16 $11.40/impound $182.40 $15.20
License Processing*** 128 $11.92 per license $1,525.76 $127.15 Total Estimated Cost** $9,998.97/FY $833.26/month
* Overtime/stand-by field services $178.66 per hour (minimum of two (2) hours per call, with a two (2) hour charge per each call).
**Cost will fluctuate based on actual overtime, wildlife calls and deceased animal pickups. Optional Services are not included in the total.
**Rates are subject to change as adopted by the Board of Supervisors, as specified in Section III of this Agreement.
***License processing cost may vary based on number of licenses sold. COUNTY shall retain $11.92 for each license sold, and remaining balance of license will be credited back to the CITY on a monthly basis.

Sheltering:

Animal Sheltering costs at the Coachella Valley Animal Campus is $35.81 per kenneling day, and it would be billed based on actual impounds. COUNTY shall provide CITY with a monthly invoice that includes actual impound statistics. The invoice will detail the number of animals impounded and the total number of kenneling days, plus all other applicable fees.

Operational and Maintenance (O&M):

O&M is charged at $11.40 per stray dog or cat impound.

Council Agenda - September 5, 2024

Livestock and Other Impound Fees:

Large Animal Sheltering @ $21/animal (horses, ponies, cattle) per day of sheltering (additional cost billed on actual use).

Large Animal Sheltering @ $12.60/animal (swine, goats, sheep) per day of sheltering (additional cost billed on actual use).

Wildlife impound fee: $144.90 per impound
Deceased animal pickup fee: $73.50 per animal
Optional Services
Daily flat rates for shot clinics and/or spay and neuter bus services will be billed based on actual outreach days scheduled. Compensation accounts for full staff time to provide service for one day. The maximum time possible will be afforded for actual outreach activity; however actual outreach activity time will be reduced by travel and preparation time the day of the event.

Shot Clinic or Spay and Neuter Bus Services:
$3,000 per event flat rate billed actual use**
(The cost to provide three (3) clinic services staff and one veterinarian for 9 hours, to be billed based on actual usage as requested by CITY.

Council Agenda - September 5, 2024

INDIAN WELLS CITY COUNCIL
September 5, 2024

To: City Council
From: City Manager Department
Prepared by: Peter Castro, Assistant City Manager
Subject: Finance Committee Actions for Communication’s Plan

RECOMMENDED ACTIONS:

Council RECIEVES and FILES the Finance Committee Recommendations for Content and Funding of Communication Plan enhancements; and

FINDS the action exempt from California Environmental Quality Act (CEQA) review under Guidelines section 15061(b)(3).

BACKGROUND:

At the July 18, 2024 , City Council meeting, the Council received the updated Communications Assessment Plan from the City’s communication consultant Tripepi Smith. The plan reviewed recommendations from the 2018 Communication Assessment and highlighted steps the City has taken to address all of the recommendations from 2018. The updated assessment provided recommendations for future enhancements to include:

 Policy for updating pages and content
 Design refreshes
 Resident Portal
 Evergreen articles for homepage
 Share more video content and organic content on social media  Work on YouTube Channel with updated video highlights  Increase click on emails with button back to website
 Apply Digital Governance to GenAI
 Collaboration efforts

The Council unanimously recommended t he Finance Committee discuss the plan specifically regarding Indian Wells TV (IWTV) , YouTube, and other resident facing communication. The request was that the Committee develop recommendations for content and funding needed to enhance said content. At the August 14, 2024 Finance meeting, the committee recommends two broadcasting segments for use on IWTV and YouTube, postcard mailings to residents that are not part of the City’s email notification

Council Agenda - September 5, 2024

list, encouraging them to signing up for city communications and emergency contact information, and additional promotion of Kestrel’s launch. IWTV is now accessible on the City’s website and streams live on the City’s YouTube channel. This should produce more viewership as it is easier to access. The City will also be producing the first Golf Resort Annual Report in October.

IWTV programing has improves with videos on how to follow the City on social media, using Nixle, how to search for public documents, waste recycling (SB 1383), How-tos on online permit assistance, a promo on Kestrel, and Indian Wells State of the City videos.

Additionally, the latest City Council meetings are broadcast daily at 9am and 7pm, with the latest Housing Authority meeting broadcast at 1pm. There is also information a t the bottom of the screen with City announcements regarding public safety, construction, relevant ordinances, and more. The videos are also all available on the City’s YouTube channel for individual replay.

FISCAL IMPACT:

Funds are available in the current City budget to fund these projects, and no supplemental appropriation is needed.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This action has been reviewed per the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the City's environmental regulations. The City, acting as the Lead Agency, determined that this resolution is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change to the environment as there is no possibility that the action would result in a significant environmental impact, and because it does not constitute a “project” as defined in Section 15378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.

Council Agenda - September 5, 2024

INDIAN WELLS CITY COUNCIL
September 5, 2024

To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: Annual League of California Cities Conference Voting Delegate Appointments

RECOMMENDED ACTIONS:

Council DESIGNATES Council Member Dana Reed as the Voting Delegate and Mayor Pro Tem Bruce Whitman as the Alternate Voting Delegate for the City of Indian Wells at the 2024 League of California Cities Annual Conference held on October 16-18, in Sacramento; and

FINDS the action exempt from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15061(b)(3).

BACKGROUND:

The League of California Cities has requested, in their letter dated August 28, 2024. The City formally appoints a voting delegate and an alternate delegate to the Annual League of California Cities Annual Conference held in Sacramento on October 16-18, 2024. Only those delegates/alternates that have been approved by City Council action may participate in the Business Meeting as a voting delegate.

At the annual meeting, the membership will consider and act on resolutions establishing League policies. Each member City has one vote on these policy matters. Consistent with the League’s bylaws, a City’s voting delegate and up to two alternates must be designated by the City Council to vote at the Annual Business Meeting.

Council Member Reed plans to attend th is year’s League Conference, and it would be appropriate to designate him as the Voting Delegate. The voting delegate must be registered for the conference.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting

Council Agenda - September 5, 2024

in physical change in the environment, directly or indirectly; and that the acti on is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (14 CCR 15061(b)(3).)

FISCAL IMPACT:

This is a n authorized Council event and budgeted in Account 101.11.01.05550 with sufficient funds in the Fiscal Year 2024-25 City Council budget.

ATTACHMENTS:

1. 2024 Voting Delegate

Council Agenda - September 5, 2024
CITY: ________________________________________
202
4 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Wednesday, September 25, 2024. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name: Email: ______________________________
Title:

2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name:

Title: Title:

E
mail: ________________________________ Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND

ALTERNATES OR
ATTEST: I affirm that the information provided reflects action by the city council to

designate the voting delegate and alternate(s).

Na
me: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature)
Please complete and email this form to [email protected] by Wednesday, Sept. 25, 2024
ATTACHMENT #1

Council Agenda - September 5, 2024

INDIAN WELLS CITY COUNCIL
September 5, 2024

To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: Recruitment and Interview Schedule for Planning Commission and Coachella Valley Mosquito & Vector
Control District

RECOMMENDED ACTIONS:

Council APPROVES the recruitment schedule and DESIGNATES Mayor Sanders and Councilmember Griffith to serve as the Ad -Hoc Interview Committee for the Planning Commission and Coachella Valley Mosquito & Vector Control District; and FINDS the action exempt from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15061(b)(3).

DISCUSSION
The Planning Commission and Coachella Mosquito & Vector Control District appointments are on a calendar year basis ending on December 31 . The Planning Commission has two seats available for appointment and a re -appointment. Chair Schleimer and Commissioner Conway are completing their second term on the Planning Commission. Commissioner Welch is eligible to be re-appointed per the Council policy for another two-year term ending on December 31, 2026.

The District terms serve either a two -year or four-year term. The District appointment terms permit a maximum of four (4) consecutive terms. The City's representative Clive Weightman was appointed in 2017 and is currently on his third term. The District is comprised of eleven members representing Coachella Valley cities and the County. The Board meets on the second Tuesday of each month at 6:00 p.m. The appointed position does not receive a stipend (www.cvmosquito.org).

Eligible re-appointments are required to re-apply and go through the interview process.

The vacancies are as follows:

Coachella Valley Mosquito & Vector Control

1. Clive Weightman 1 Term left

Council Agenda - September 5, 2024

Planning Commission

1. Nicholas Conway Termed out

2. John Schleimer Termed out

3. Ken Welch 1 Term left

Advertising of the annual recruitment in the Desert Sun and email notifications are set to be sent to the residents in early-September concerning the vacancies. In addition, a link to the application and committee descriptions are posted on the City’s website. The deadline to apply is 5:00 p.m. on Friday, September 27, 2024.

The Council implemented two Council Member Ad-hoc committees to review applications and interviews with the applicants. The Ad -hoc Interview Committees (“Ad -hoc Committee”) consist of the two Council Members who are assigned to that committee or as designated by Council at a Council meeting. Staff recommends the Council designate Mayor Sanders and Councilmember Griffith to serve on the Ad Hoc Interview Committee for the Coachella Valley Mosquito & Vector Control Board and the Planning Commission.

Each Ad-hoc Committee selects dates for interviews between September 30 through October 23, 2024. Interviews will be conducted in person. The Council Ad-hoc Committees will forward their appointment recommendations to the City Clerk no later than October 30, 2024. The Ad- Hoc Committee recommendations are to be proposed for approval at the December meeting for Council consideration.

FISCAL IMPACT:

There is no fiscal impact.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that the action is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (14 CCR 15061(b)(3).)

Council Agenda - September 5, 2024

INDIAN WELLS CITY COUNCIL
September 5, 2024

To: City Council
From: Public Works Department
Prepared by: Ken Seumalo, P.E., Public Works Director
Subject: Request for Supplemental Appropriation to Modernize City Hall Security System

RECOMMENDED ACTIONS:

Council APPROVES a supplemental appropriation for $100,000 to upgrade the City Hall security system. Improvements include updated security components in City Hall including motion sensors, panic buttons, glass break sensors, and cameras ; and

FINDS the project to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).

DISCUSSION:

Ensuring the safety and security of employees and City Hall assets is a top priority for the City Council. City Hall is equipped with video surveillance, motion sensors, and other detection systems monitored by Pye Barker Fire and Safety , whose contract e xpires in September 2024. Per Council Policy and to maintain security coverage, the City issued a Request for Proposal (RFP) and awarded IT1 a five-year contract to provide monitoring, materials, and expertise for security enhancements.

A comprehensive review of City Hall’s security system shows a need to replace outdated video cameras (14 years), motion sensors (16 years), and older cabling /electrical standards. In addition, new State record-keeping standards require the City to maintain storage of security footage for one year. Staff is proposing to replace all existing cameras, add several new cameras, upgrade access control at multiple door locations , , and increase data storage capacity to comply with new State Regulations.

FISCAL IMPACT:

Staff received a proposal from IT1 to perform all the upgrades described for $88,992.

This cost includes materials and labor to complete the project. Staff request s a 13% contingency of $11,000 to account for any miscel laneous costs. Staff is recommending

Council Agenda - September 5, 2024

the City Council approve a supplemental appropriation of $99,992 from the Capital Improvement Program (Fund 316) and create a new Facilities Security Upgrade Capital Project not originally contemplated in the City Council’s Strategic Planning meeting.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

“This project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the environmental regulations of the City. The City acting as Lead Agency, has determined the Modernize City Hall Security System project qualifies as being Categorically Exempt from CEQA pursuant to Section 15061(b)(3).”

ATTACHMENTS:

1. IT1 proposal for upgrades

Council Agenda - September 5, 2024
1 40-CA-002-4 Stand Alone SOW-

iT1 Consulting
Security and Access Control Installation
Access Tech Install
Statement of Work
For
Indian Wells
August 21, 2024
ATTACHMENT #1

Council Agenda - September 5, 2024
2 40-CA-002-4 Stand Alone SOW-

1. Summary
This Statement of Work (“SOW”) is entered into this 21st day of August 2024 (the “Effective Date”) between iT1Consulting LLC, an Arizona Limited Liability Company having its principal place of business at 1860 West University Drive, Suite 100, Tempe, AZ 85281 (“iT1”) and Indian Wells having its principal place of business at 44-950 Eldorado Drive, Indian Wells, CA 92210 (“Client”).

This Statement of Work is only valid for a period of 30 days from the date of issuance. After the expiration of this period, if not signed by both parties, this Statement of Work shall be null and void, and no party shall have any further rights or obligations hereunder, except for those that expressly survive such expiration or termination.
.

2. Scope of Services

1. Installation of new cameras to replace existing cameras

2. Installation of security and access control system.

3. Exclusions
a. Anything not specifically included herein is considered out of scope.

3. Tasks

1. Electrifying 4 Doors:
a. Includes electric strike and/or mag locks, and all miscellaneous parts.

2. Wire and Install 7 AD33 readers on 7 different doors. a. Run wire from AD33 to Strikes to Door Controllers.

3. Wire and Install 1 HID Signo 40 Reader with Keypad.
a. Run wire from HID reader to Strike to Door controller

4. Wire and install 1 Alarm Console.

5. Install 8 Motion Sensors.

6. Install 10 Wireless Glass Breaker Sensors.

7. Install 1 AC62 Door Controllers.
a. Connect AC62 to POE switch.

8. Program 7 BR33 Wireless Panic Buttons.

9. Wire and Install 4 BH61 Wireless Hubs.
a. Run CAT6 cables from the designated cable room to each camera location, totaling 9 runs.

10. Install 5 internal dome cameras, 5 external dome cameras, 1 external bullet camera, and 3 CH52 external multisensors

11. Weld mounts for Multisensors to ensure they can be positioned and installed in the desired location.

Council Agenda - September 5, 2024
3 40-CA-002-4 Stand Alone SOW-

12. Configure and install a Point-to-Point system to avoid trenching or using visible conduits for long cable runs..

13. Run CAT6 through proper coded conduits and sealing all cabling to secure the conduits and wires.

14. Program cameras to Verkada command.

15. Close Project

4. Pre-Requisites and Assumptions.
iT1 Consulting used the following assumptions during development of its proposal to Client and this SOW. Client warrants that each assumption listed below is accurate as of the execution and the Effective Date of the SOW. Any changes to these assumptions following the execution and Effective Date of this SOW may affect the price and schedule commitments and will be identified to IT1 in writing as soon as Client is aware of the change.

5. Project Management
iT1’s Project Management Office (PMO) will provide Project management to ensure a successful project.

6. Change Management
a. It may become necessary to amend this project for reasons including, but not limited to, the following:

I. Customer’s changes to the scope of work and/or specifications for the services, II. Customer’s changes to the Project Plan,
III. Unavailability of resources which are beyond either party’s control; and/or, IV. Environmental or architectural conditions not previously identified. b. In the event either party desires to change this scope of work, the following procedures shall apply:

I. The party requesting the change will deliver a Change Order Request form to the other party.

II. The Change Order Request will describe the nature of the change, the reason for the change, and the effect the change will have on the SOW, which may include changes to the deliverables and/or the schedule.

III. A Change Order Request may be initiated either by the Customer or by iT1 for any changes to the scope.

IV. The Project Manager of the requesting party will review the proposed change with his/her counterpart.

V. The parties will evaluate the Change Order Request and negotiate in good faith the changes to the services and the additional charges, if any, required to implement the Change Order Request.

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4 40-CA-002-4 Stand Alone SOW-
VI. If both parties agree to implement the Change Order Request, the appropriate authorized representative of the parties will sign the Change Order Request, indicating the acceptance of the changes by both parties.

VII. Upon execution of the Change Order Request, said Change Order Request will be incorporated into, and made a part of, this SOW.

VIII. It1 is under no obligation to proceed with the Change Order Request until such time as the Change Order Request has been agreed upon by both parties.

IX. Whenever there is a conflict between the terms and conditions set forth in a fully executed Change Order Request and those set forth in the original scope, or previous fully executed Change Order Request, the terms and conditions of the most recent fully executed Change Order Request shall prevail.

7. Pricing
Services Pricing Schedule
Notes:

1. PM hours are subject to change based on modifications in agreed timeline or scope and will bill based on actual usage.

2. iT1 Consulting shall invoice Client monthly on a T&M basis.

3. Taxes, travel, and shipping, if any, will be charged at actual rates.

4. Invoices shall be due and payable net 30 days.

5. Past due amounts shall bear interest at 1.5% per month or the maximum amount allowed by applicable law, whichever is less.

6. Additional work or out of scope services will be billed on an hourly basis at iT1’s then-current rates.

Labor Category Type of Work Hourly Rate Estimated
Hours
Estimated
Charges
Minor Materials
Point to Point Wireless
Access Point System
HID | Signo 40 Reader w/
Keypad
NA NA
$1050.00
Access Tech Install Labor &, programming of
Verkada system. $150 139
$19,450.00
Project Management Resource
Project Management for
ensuring project
deliverables and time
frames are met
$125 3 $375.00
TOTAL ESTIMATE CHARGES $20,875.00

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5 40-CA-002-4 Stand Alone SOW-

8. Additional Terms and Conditions

8.1 Permits/Licenses. Client will notify IT1 of all appropriate permits and licenses required to perform this Agreement. Upon notification by Client, IT1, at Client’s expense, shall obtain only such permits and licenses, unless otherwise agreed to in a Statement of Work or Change Order.

8.2 Resources to be Provided by Client. Client shall provide and make available to iT1 the following resources in (a) and (b) below, and such other additional necessary resources, as iT1 may from time to time reasonably request in connection with iT1’s performance of the Services:
a. Qualified Client personnel or representatives who will be designated by Client to consult with iT1 on a regular basis in connection with the Services or Deliverable, and certain Client information necessary to enable iT1 to perform the Services or provide the Deliverable.

b. Should it be necessary for iT1in the performance of the Services or provision of a Deliverable to temporarily remove any personal property of Client from Client’s premises or access its computers or network, it may do so only upon the express written approval of an authorized representative of Client.

8.3 Independent Contractor. At all times in its performance of the services under this Agreement, IT1 will be acting solely as an independent contractor and IT1 and Client shall not be partners, employees or franchisees of each other. Client shall exercise no control, other than as specified herein, over the activities or operations of IT1. The parties understand and agree that the Client is in no way associated with or otherwise connected with the performance of services under this Agreement by IT1, nor the employment by IT1 of labor or the incurring by IT1 of expenses in connection herewith.

8.4 Personnel. Personnel provided by either party to perform the Services or provide a Deliverable hereunder will at all times be considered employees or agents of the party providing such personnel and will not for any purpose be considered employees or agents of the other party. Each party shall assume full responsibility for the actions or inactions of the personnel it provides, and shall be solely responsible for the supervision, direction and control, salaries, workers’ compensation coverage, disability and other insurance, benefits, as well as all other legal obligations required by law relating to its personnel.

8.5 Excused Performance. IT1’s obligation under this Agreement is to abide by the terms and conditions set forth in the Statement of Work. Neither party shall be liable for

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6 40-CA-002-4 Stand Alone SOW-
any failure, inability or delay to perform hereunder, other than the payment of amounts due to iT1, if such failure, inability or delay is due to circumstances beyond its reasonable control, including but not limited to, acts of God, war, strike, lockout, labor disturbance, social conflict, flood, fire, explosion or sabotage.

8.6 Subcontracting. In order to provide services in some areas not served directly by an iT1 Consulting Service Center, iT1 may subcontract for on-site services provided to Client with subcontractors chosen at iT1’s sole discretion. Such subcontracting will not release iT1 from any of its obligations set forth in a SOW.

8.7 Non-Solicitation. Client agrees during the term of this Agreement and for a period of 1 year after its termination, not to solicit, directly or indirectly (through individuals, subsidiaries, holding companies, partnerships, subcontractors, or any other financially related firms), nor to tender an offer for employment, nor place on their payrolls any employee who is or was, within one year prior to the time of such solicitation, on iT1’s or it’s subcontractor’s payroll. In the event Client hires or contracts with an iT1 employee in violation of the terms of this paragraph, the Client agrees to pay iT1 as liquidated damages, and not as penalty, an amount equal to one year of the employee’s annual compensation. This provision for liquidated damages shall not limit remedies against the Client for any other breach of this Agreement. Client will require all agencies and/or subcontractors working on the Client’s premises with iT1 employees, or its’ subcontractors, to execute a document indicating their agreement to the terms of this paragraph. In the event of a violation of this provision by a subcontractor or other third party on Client’s premises, the Client agrees not to use the services of such individual(s) hired by such subcontractor or third party.

8.8 No Implied Transfer of Intellectual Property Rights. Client and iT1 shall retain ownership of, and all right, title and interest in and to, their respective intellectual property (“IP”). No licenses for any rights or interests under any patent, license, copyright, trade name, trademark or any other source of intellectual property rights are implied or granted by iT1 to Client under this Agreement. Any responsibility for licensing or other intellectual property rights in any software or hardware included in the Deliverables shall be and remain the sole responsibility of the manufacturer. Client agrees to seek all remedies associated therewith against only the manufacturer. As between the parties, and subject to the terms and conditions of this SOW and any other applicable Agreement, iT1 Consulting retains ownership of all IP Rights in all Products provided to Client that have been previously developed or owned by iT1 (“iT1 Consulting Proprietary Technology”). The Client acquires no rights to iT1 Consulting Proprietary Technology except for the licenses or ownership interests expressly granted under this Agreement or any SOW.

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7 40-CA-002-4 Stand Alone SOW-

8.9 Sales/Use Tax Exemptions. Client acknowledges that it holds Sales/Use Tax licenses for the states in which services under this Agreement will be performed and Client agrees to provide IT1 with any appropriate Sales/Use tax exemption license. Client shall pay or reimburse IT1 for any and all sales, use, transaction privilege, gross receipts and like taxes including without limitation penalties and interest imposed upon IT1 or upon this Agreement or upon the providing of products or services under this Agreement, and Client shall indemnify IT1 from the failure to pay or remit any such taxes. Client agrees to indemnify and hold IT1, its officers, directors, owners, employees, agents, successors and assigns harmless for, from and against any and all liabilities, damages, penalties, deficiencies, losses, costs and expenses whatsoever arising out of or resulting, in whole or in part from (a) any tax liability, including without limitation, federal, state, county or city taxes (as specified herein) and any assessment, penalties and interest associated therewith; and (b) any actions, suits, proceedings, demands, judgments, costs, legal expenses and other expenses incident to any of the foregoing.

8.10 Confidential Information. During the term of this Agreement, the parties may receive or learn information that is confidential ("Confidential Information") of the other party. Except as expressly specified in this Agreement, the party receiving such Confidential Information shall: (i) maintain in strictest confidence such Confidential Information; (ii) not use or disclose any such Confidential Information to any person outside that party’s business organization and only disclose or permit the use of the other party’s Confidential Information on a need to know basis; and (iii) return such Confidential Information to the Originating Party upon the expiration or termination of this Agreement, or destroy the same. Each party hereto acknowledges that all rights, title and interests in the Originating Party’s Confidential Information is and will remain the exclusive property of the Originating Party. If any portion or all of this provision is not permitted by applicable law, then such provisions will be reformed to the maximum time and/or geographic limitations permitted by applicable law. This provision will survive termination of this Agreement and will remain in full force and effect. For purposes of the Agreement, Confidential Information means any and all confidential or proprietary information, including without limitation, documentation, tools, diagnostics, computer maintenance information, software and software information, software source code, personnel, products, testing techniques, Client pricing, terms of sales, trade secrets, pay practices, records, files, manuals, materials, supplies, vendors, computer programs, job specifications, costing, and other information relating to the operations or business of Originating Party. Confidential Information shall not include information which: (i) is or becomes part of the public domain through no act or omission of the receiving party; (ii) was in the receiving party's lawful possession prior to the disclosure and had not been obtained by the receiving party either directly or

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8 40-CA-002-4 Stand Alone SOW-
indirectly from the Originating party; (iii) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; (iv) is independently developed by the receiving party; or (v) is disclosed by operation of law. The foregoing notwithstanding, the non-Originating Party shall be entitled to disclose Confidential Information to the extent required by law or judicial order, provided that prior written notice of such required disclosure is furnished to the Originating Party as soon as practicable in order to afford the Originating Party an opportunity to seek a protective order. For purposes of this Agreement, the term Originating Party means the party hereto from which the source information was originally obtained, regardless of the form (including without limitation written, verbal, software-based, or visual) by the non-Originating Party, and the non-Originating party shall mean all other parties to this Agreement.

8.11 Limits of Remedy and Liability. iT1 will not be liable to Client for any general, special, indirect, incidental, consequential or punitive damages, including but not limited to loss of profits or data, regardless of the legal theory under which such damages are sought. iT1 will have no liability to Client whatsoever for any claim of Client arising from or relating to a direct or indirect failure of the network or installed hardware and/or software, whether or not such network, hardware and software is Client’s property, or is a third-party’s network, hardware or software, to the extent that, in providing services to Client, iT1 is doing so in compliance with either Client’s or any third-party vendor’s directions, drawings, instructions, or procedures. In the event iT1 provides any equipment or part or other product to Client that is defective, Client’s exclusive remedy will be to pursue the product’s warranty, if any. Under no circumstances will iT1’s liability to Client exceed the actual price paid by Client to iT1 for the product or service giving rise to such liability. Client further releases, waives, discharges, holds harmless, and covenants not to sue iT1 and any of its officers, directors, owners, employees, agents, successors and assigns for any and all liabilities, claims, causes of action, damages, penalties, deficiencies, losses, costs and expenses whatsoever arising from or relating to, in whole or in part: (1) any loss of data, property damage, business interruption, or any other damage arising from or relating to any data breach, security breach, or other unauthorized access to computer, electronic, or cloud-based technology systems by any unauthorized person or any party or third-party with unauthorized access or partaking in an unauthorized action; and (2) any error, omission, negligence, intentional misconduct, frauds, misrepresentation, or breach of any warranty, contract, obligation, covenant, condition, or representation by Client arising from or relating to this Agreement or to any statement, document, schedule, or certification furnished by Client to iT1.

8.12 Default. In the event a material breach of this Agreement is not cured within thirty (30) days, after written notice thereof given by the party not in default, in addition to all

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9 40-CA-002-4 Stand Alone SOW-
other rights and remedies either party may have at law or in equity, the non-defaulting party may, at its option, terminate this Agreement as of a date specified in a written notice of termination. In addition, if the material breach involves Client’s failure to make required payments under this Agreement, then IT1 may, in its sole discretion, elect to suspend services while Client remains in default rather than terminating this Agreement. In such a case, Client will remain fully responsible for all charges accruing under this Agreement.

8.13 Waiver, Amendments, and Modifications. Any waiver, consent or approval whatsoever by any party of any breach or default under this Agreement, or any waiver on the part of any such party of any provisions or conditions of this Agreement, must be in writing and is effective only to the extent specifically set forth in such writing and with respect to the party against whom it is being enforced. No waiver of any term, provision or condition of this Agreement, in any one or more instances, will be deemed a waiver of any other term, provision or condition of this Agreement.

8.14 Termination. This Agreement may be terminated by iT1 for any reason, or no reason, by giving Client 30 days’ notice. In addition, this Agreement may be terminated at any time by either party, by giving 30 day written notice of termination upon the occurrence of any one of the following events:
a. Any default by the other party under this Agreement which is not cured within the cure period, as specified in Section 6.13.
b. The cessation of business activities by either party or if the other party is adjudicated as bankrupt or makes a general assignment for the benefit of creditors under any insolvency act, or if a permanent receiver or trustee in bankruptcy is appointed for the property of the party and such adjudication, assignment or appointment is not vacated within sixty (60) days. c. If there is a substantial change in the legal or effective control of either party; a merger, consolidation or reorganization by either party in which either party is not the surviving entity; or the sale, lease or conveyance of substantially all of either party’s property, assets or business, unless the rights and responsibilities of the other party under this Agreement are assigned pursuant to Section 6.19 below.

8.15 Survival of Rights. Neither the expiration nor termination of this Agreement shall release either party from the obligation to pay any amount which may then be owing to the other party or from the obligation to perform any other duty or discharge any other liability prior to the effective date of such expiration or termination.

8.16 Dispute Resolution and Choice of Law. This Agreement will in all respects be governed by, and construed in accordance with, the laws of the State of Arizona, including all matters of construction, validity and performance, without respect to

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10 40-CA-002-4 Stand Alone SOW-
conflicts of law. Client and iT1 shall attempt to settle any claim or controversy arising out of the Agreement through consultation and negotiation. If the parties are unable to settle their dispute within ten (10) days, then either party may thereafter initiate an action to interpret this Agreement or enforce its rights thereunder. All such actions (whether by litigation or arbitration) will be filed and prosecuted in Maricopa County, Arizona, and Client expressly consents to personal jurisdiction and venue in the state and federal courts located in Maricopa County, Arizona. In the event that an action is filed involving this Agreement, the unsuccessful party shall be liable for all reasonable attorneys’ fees and other costs and expenses incurred by the other party.

8.17 Warranty Exclusion IT1 MAKES NO REPRESENTATION OF IMPLIED OR EXPRESS

WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS APPLICABLE HEREUNDER. ANY ISSUES RELATED TO WARRANTIES OR LICENSING SHALL BE AND REMAIN THE SOLE RESPONSIBILITY OF THE MANUFACTURER.

8.18 Notices. All notices given under any of the provisions of this Agreement shall be deemed to have been given by the notifying party if mailed by first class mail to the receiving party addressed to its or his mailing address set forth above, or such other address as the parties may designate in writing. Additionally, notices sent by any other means (i.e. fax, overnight mail, etc.) may be acceptable subject to written confirmation of both the transmission and receipt of the notice. If notice by a party is given by e-mail, such notice shall be deemed to have been properly given if sent by registered email to the signatory of this Agreement or such other person as has been designated in writing by a party to receive notices.

8.19 Miscellaneous. Client may assign this Agreement in whole or in part only with the prior written consent of iT1, which consent will not be unreasonably withheld. iT1 may assign this agreement in whole or in part or all or part of the payments hereunder to the extent that iT1 obligations to the Client are not affected. The provisions of this Agreement are severable, and the invalidity, in whole or in part, of any provision of this Agreement will not affect the validity or enforceability of any other of its provisions.

This Agreement and all documents referenced herein is intended by the parties to constitute the entire agreement and understanding between the parties with regard to the subject matter hereof and is a complete and exclusive statement of the terms and conditions thereof, and will supersede any and all prior oral and written correspondence, conversations, negotiations, agreements and understandings relating to the same subject matter, other than as expressly provided herein.

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11 40-CA-002-4 Stand Alone SOW-

ACCEPTED AND APPROVED:

Client PO/Reference#_____________
(signature) (signature)
(Print Name) (Print Name)
Title Title
iT1 Consulting Client
Date Date

Council Agenda - September 5, 2024
IT1
1860 W University Dr
Suite 100
Tempe, Arizona 85281
United States
http://www.it1source.com
(P) 877-777-5995
(F) 480-777-5994
Date
Aug 19, 2024 10:40 AM MDT
Modified Date
Aug 21, 2024 05:20 PM MDT
Quotation (Open)
Quote #
USQT997876 - rev 1 of 1
Description
Verkada Final Design 60 Days
SalesRep
Westrich, Justin
(P) 480-388-2066
Customer Contact
Werner, Nick
[email protected]
Customer
City of Indian Wells (CO106454)
Werner, Nick
44-950 Eldorado Drive
Indian Wells, CA 92210
United States
Bill To
City of Indian Wells
Werner, Nick
44-950 Eldorado Drive
Indian Wells, CA 92210
United States
[email protected]
Ship To
City of Indian Wells
Werner, Nick
44-950 Eldorado Drive
Indian Wells, CA 92210
United States
[email protected]
Customer PO: Terms:

Undefined
Ship Via:

GROUND
Special Instructions: Carrier Account #:
# Description Part # Tax Qty Unit Price Total
Cameras & Licensing
1 CM42 Indoor Mini Dome Camera, 512GB, 60 Days Max CM42-512-HW Yes 1 $696.03 $696.03 2 CD62 Indoor Dome Camera, 1TB, 60 Days Max CD62-60-HW Yes 4 $1,486.33 $5,945.32 3 CD62-E Outdoor Dome Camera, 1TB, 60 Days Max CD62-60E-HW Yes 5 $1,646.03 $8,230.15 4 CB62-TE Outdoor Bullet Camera, 1TB, 60 Days Max CB62-1TBTE-HW Yes 1 $1,709.36 $1,709.36 5 CH52-E Outdoor Multisensor Camera, 2TB, 60 Days Max CH52-2TBE-HW Yes 3 $3,102.70 $9,308.10 6 Large Arm Mount (PTZ) ACC-MNT-XLARM-1 Yes 3 $100.69 $302.07 7 5-Year Camera License LIC-CAM-5Y No 11 $569.36 $6,262.96 8 5-Year CH52 Multisensor Camera License LIC-CH52-5Y No 3 $1,709.36 $5,128.08 Access Control & Licensing
9 AC62 16 Door Controller AC62-HW Yes 1 $3,356.03 $3,356.03 10 18AH Backup Battery ACC-BAT-18AH Yes 1 $442.70 $442.70 11 AD33 Multi-format Card Reader AD33-HW Yes 7 $221.03 $1,547.21 12 5-Year Door License LIC-AC-5Y No 7 $618.94 $4,332.58 Alarm System & Licensing
13 BC82 Alarm Console BC82-HW Yes 1 $949.36 $949.36 14 BH61 Wireless Hub BH61-HW Yes 3 $379.36 $1,138.08 15 BR34 Wireless Glass Break Sensor BR34-HW Yes 10 $62.69 $626.90 16 BR33 Wireless Panic Button BR33-HW Yes 7 $62.69 $438.83 17 BR32 Wireless Motion Sensor BR32-HW Yes 8 $62.69 $501.52 18 ACC-CEL-LTE Cellular Backup Module ACC-CEL-LTE Yes 4 $189.36 $757.44 19 5-Year Standard Alarm License LIC-BA-5Y No 1 $4,646.73 $4,646.73 20 5-Year Cellular Backup License LIC-CEL-5Y No 4 $1,548.29 $6,193.16 21 Fire Alarm Monitoring FM_1YR No 1 $1,235.29 $1,358.82 Due to supply chain difficulties, many manufacturers have implemented a policy that cancellations are not accepted. Considering this, all products ordered through iT1 are considered non-cancellable unless otherwise received in writing. Unless a specific customer agreement is in force, this policy supersedes any language that a customer may put on purchase order(s), form(s), email(s), or any other means of communication.

These prices may NOT include applicable taxes, insurance, shipping, delivery, setup fees or any cables or cabling services or material unless specifically listed above. All prices are subject to change without notice. Supply subject to availability.

Any purchases Company makes with iT1 are subject to iT1's General Terms and Subtotal: $63,871.43
Tax (8.7500%): $3,145.55
Shipping: $0.00
EWR: $0.00
Total: $67,016.98

Council Agenda - September 5, 2024
Conditions. iT1 General Terms and Conditions are here: https://it1.com/40-ca-001- 3-it1-general-terms-and-conditions_07-24-2023/ These General Terms and Conditions supersede any terms and conditions Company may include in any purchase order or form. Terms and conditions can be changed at iT1's sole discretion at any time.

Council Agenda - September 5, 2024

INDIAN WELLS CITY COUNCIL
September 5, 2024

To: City Council
From: Public Works Department
Prepared by: Dina Purvis, Assistant Public Works Director Subject: Grant of Utility Easement to Southern California Edison

RECOMMENDED ACTIONS:

Council APPROVES grant of easement to Southern California Edison (“SCE”) for SCE to construct, maintain, operate, and repair any SCE -installed infrastructure located on the Indian Wells Civic Center Campus.

FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).

BACKGROUND:

In March 2023, the City entered into an agreement with SCE under the ir Charge Ready program, to have SCE install Electric Vehicle (“EV”) charging infrastructure in the City Hall parking lot.

The Charge Ready program provides free infrastructure installation to qualified applicants. The benefit s received include undergroun d conduit installation, meter upgrade and transformer upgrade.

The Charge Ready Program includes the installation of underground infrastructure for ten dual and five single Level 2 EV charging stations for a total of 26 spaces. This free underground infrastructure will partially serve to charge the City’s future fleet vehicles, which are required by the state to be electrified after 2027. The others will serve to charge resident/visitor/guest/employee vehicles as available. These spaces will be subject to a fee to charge per previous City Council direction.

As part of participation in the Charge Ready program and noted in the agreement, the City is required to grant easement to SCE to construct, maintain, operate, and repair any SCE-installed infrastructure. SCE has submitted the Grant of Easement, legal description and a plat map identifying the easement location for plan check. City staff has completed review of these documents and finds them in compliance with City regulation.

Council Agenda - September 5, 2024

OPTIONS:

1. Staff recommends City Council approve the grant of easement to SCE so the City’s Charge Ready project can move forward.

2. City Council can deny the grant of easement and the Charge Ready project will not move forward.

3. City Council can provide alternative direction.

FISCAL IMPACT:

The City issued a no -fee permit to SCE as part of the approved Capital Improvement Program. Fees will be charged as appropriate to recoup the City’s cost for electricity and other related expenses.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

“This project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the environmental regulations of the Ci ty. The City acting as Lead Agency, has determined the Grant of Easement qualifies as being Categorically Exempt from CEQA pursuant to Section 15061(b)(3).”

ATTACHMENTS:

1. Legal Description and Plat Map

Council Agenda - September 5, 2024
Charge Ready Rev.3_04/17/2024

RECORDI NG REQUESTED BY

WHEN RE CORDE D MAIL TO

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATI ON W AY, 2 nd FLOOR
POMONA, CA 91 768
Attn: Title and Real Estate Services
SPACE ABOVE THIS LINE FOR RECORDER’S USE
SCE Doc No.:

GRANT OF

EASEMENT
Vehicle Charging Station
DOCUMENTARY TRANSFER TAX $ NONE (VALUE
AND CONSIDERATION LESS THAN $100.00)

DISTRICT
Palm Springs

SERVICE ORDER
TD2230776
SERIAL NO. MAP SIZE
_____________________ SCE Company
SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME
FIM 566 -1972 -5
APN 633-150-067
APPROVED:

VEGETATION & LAND

MANAGEMENT
BY
SLS/CG
DATE
07/16/24
CITY OF INDIAN WELLS, a municipal corporation (hereinafter referred to as “Grantor”), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as “Grantee”), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time overhead and underground electrical supply systems and internal communication systems for SCE’s sole use (hereinafter referred to as “systems”), consisting of poles, guys and anchors, crossarms, wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, solely for the purpose of providing electrical power to vehicle charging stations, in, on, over, under, across and along that certain real property in the City of Indian Wells, County of Riverside, State of California, described as follows:

VARIOUS STRIPS OF LAND LYING WITHIN THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO

MERIDIAN, IN THE CITY OF INDIAN WELLS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, SAID PORTION IS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" (DESCRIPTION OF THE PROPERTY), SAID STRIPS BEING DEPICTED ON EXHIBIT "B" (EASEMENT AREA), BOTH ATTACHED HERETO AND MADE A PART HEREOF.

It is understood and agreed that the above description is approximate only, it being the intention of the Grantor(s) to grant an easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline of said systems as constructed in, on, over, under, across, and along the Grantor(s) property.

This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code.

Grantor agrees for itself, its heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the hereinbefore described easement area. The foregoing shall not preclude Grantors development or maintenance of parking stalls (e.g. within a parking garage) that would be served by a vehicle charging station. The Grantee, and its contractors, agents and employees, shall have the right to trim or top such trees and to cut such roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable.

ATTACHMENT #1

Council Agenda - September 5, 2024
2 DCR802397077 TD2230776
Upon written request, Grantee shall relocate its facilities installed hereunder to another mutually approved area on Grantor’s property and provided that Grantee has first been given an easement over such new area on terms identical to those set forth herein. Such relocation shall be at Grantor’s sole cost and expense. Upon completion of the relocation, Grantee shall execute a quitclaim of this easement on terms reasonably acceptable to Grantor and Grantee. To the extent Grantor removes the vehicle charging stations, and such removal is not part of a relocation, Grantor may, upon sixty (60) days written notice, terminate this easement and Grantee shall execute a quitclaim on a mutually acceptable form. However, except in connection with a termination of that certain Charge Ready Participation agreement affecting Grantor’s property (the “CR Agreement) in accordance with the terms thereof, in no event will the vehicle charging stations be removed for a period of ten (10) years from “In-Service Date” (as defined in the CR Agreement). Upon termination, Grantee shall have a limited right to access the property for the purpose of removing its facilities or Grantee may abandon its systems in place. In addition, upon written request, Grantee will execute a quitclaim of this easement on terms reasonably acceptable to Grantee and Grantor. EXECUTED this_____ day of _______________________, 20____. GRANTOR CITY OF INDIAN WELLS, a municipal corporation By Name Title A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _______________________________ (Seal)

Council Agenda - September 5, 2024
3 DCR802397077 TD2230776
EXECUTED this _____ day of _______________________, 20____. GRANTEE SOUTHERN CALIFORNIA EDISON COMPANY, a corporation ByName Title A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _______________________________ (Seal)

Council Agenda - September 5, 2024
SHEET 1 OF 1
EXHIBIT “A” DESCRIPTION OF THE PROPERTY ALL OF THAT REAL PROPERTY SITUATED IN THE CITY OF INDIAN WELLS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF INDIAN WELLS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 23, AS INDICATED ON MAP OF TRACT NO. 2579, AS SHOWN ON A MAP RECORDED IN BOOK 46, PAGES 93 AND 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 0°10'10" EAST 580.80 FEET ALONG THE WEST LINE OF SAID SECTION TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ON SAID WEST LINE NORTH 0°10'10" EAST 290.40 FEET; THENCE NORTH 89° 50' 15" EAST 150.00 FEET; THENCE SOUTH 0°10'10" WEST 290.40 FEET; THENCE SOUTH 89° 50' 15" WEST 150.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF INDIAN WELLS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 23, AS INDICATED ON MAP OF TRACT NO. 2579, AS SHOWN ON A MAP RECORDED IN BOOK 46, PAGES 93 AND 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE TRUE POINT OF BEGINNING; THENCE NORTH 0°10'10" EAST ALONG THE WEST LINE OF SAID SECTION 580.80 FEET; THENCE NORTH 89°50'15" EAST 150.00 FEET; THENCE NORTH 0°10'10" EAST 290.40 FEET; THENCE NORTH 89°50'15" EAST 150.00 FEET; THENCE SOUTH 0°10'10" WEST 871.20 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 89°50'15" WEST 300.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL C: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF INDIAN WELLS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 23; THENCE NORTH 89°43'06" EAST 300.00 FEET ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0°02'19" EAST 871.20 FEET PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 89°43'06" EAST 15.00 FEET PARALLEL WITH SAID SOUTH LINE; THENCE SOUTH 0°02'19" WEST 871.20 FEET PARALLEL WITH SAID WEST LINE, TO SAID SOUTH LINE; THENCE SOUTH 89°43'06" WEST 15.00 FEET ALONG SAID SOUTH LINE TO THE TRUE POINT OF BEGINNING. APN: 633-150-067

Council Agenda - September 5, 2024

Council Agenda - September 5, 2024

INDIAN WELLS CITY COUNCIL
September 5, 2024

To: City Council
From: Finance Department
Prepared by: Amy Dallosta, Accountant
Subject: City Treasurer’s Report for June 2024

RECOMMENDED ACTIONS:

Council RECEIVES and FILES the City Treasurer’s Report for June 2024; and

FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

DISCUSSION:

This report comprehensively analyzes the City of Indian Wells' cash and investment position as of June 30, 2024. The city maintains a robust investment strategy, focusing on prudence, liquidity, and compliance with legal requirements. The Treasurer's certification ensures adherence to the city's investment policy and compliance with the State of California Government Code section 53600.

Financial Snapshot:

As of June 30, 2024:

 Total cash and investments: $89,969,373.17
 Portfolio rate of return: 3.663%

Treasurer's Certification:

The City Treasurer certifies:
 Compliance with the city's investment policy and legal requirements.  Adequate liquidity to meet financial obligations for the next six months, ensuring static and dynamic liquidity.

Council Agenda - September 5, 2024

Fiscal Prudence:

Aligned with the fiduciary duty, the city adheres to a prudent investment approach, considering economic conditions and anticipated needs. Investments are guided by a written policy emphasizing safety, liquidity, and yield.

BACKGROUND:

The Treasurer's Report provides a monthly update on cash activity and the investment portfolio, ensuring reconciliation with the General Ledger. Investments align with the city's investment policy and State legislation, covering U.S. treasuries, federal agency securities, corporate notes, municipal bonds, CDs, and overnight cash investments.

Investment Strategy:

The city's investment portfolio is designed to achieve a market rate of return within risk constraints. Diversification across institutions, security types, and maturities maximizes safety and yield amid changing market conditions.

FISCAL IMPACT:

The investment portfolio generated $84,359.59 in earnings for June 2024. The investment strategy aims for consistent returns throughout budgetary and economic cycles, reflecting prudent risk management. Moreover, the strategy's success in consistently generating returns reflects its adaptability to changing market conditions. As economic cycles fluctuate, the city's investment approach remains resilient, adjusting to dynamic financial landscapes to optimize safety and yield.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This action has been reviewed per the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the City's environmental regulations. The City, acting as the Lead Agency, determined that this resolution is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines, because it will n ot result in a direct or reasonably foreseeable indirect physical change to the environment as there is no possibility that the action would result in a significant environmental impact, and because it does not constitute a “project” as defined in Section 15378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.

ATTACHMENTS:

1. City Treasurer’s Report

Council Agenda - September 5, 2024
June June
UNRESTRICTED FUNDS 2024 2023

GENERAL FUND
101- GENER
AL 24,164,473.83$ 21,022,103.16$
TO
TAL GENERAL FUND 24,164,473.83 21,022,103.16

RESTRICTED FUNDS

SPECIAL REVENUE FUNDS
202 - TRAFFIC SAFETY 11,360.60 13,248.63
203 - PUBLIC SAFETY 1/2 CENT SALES TAX 6,664.12 20,079.29 204 - MEASURE "A" 41,736.26 140,037.73
209 - F.A.M.D. #1 1,212,316.74 1,847,437.23
210 - SCAQMD (VEHICLE REG.) 17,089.25 15,702.07
211 - AB 3229 COPS FUNDING 16,063.06 78,129.77
214 - GAS TAX 2103 MAINTENANCE 0.00 12,370.96
215 - GAS TAX 2105 MAINTENANCE 0.00 9,714.45
216 - GAS TAX 2106 CONSTRUCT/MAINT 0.00 8,349.92
217 - GAS TAX 2107 MAINTENANCE 0.00 14,527.03
218 - GAS TAX 2107.5 ENG./ADMIN 0.00 1.00
219 - GAS TAX RMR
A 1,444.16 108,475.47
228 - EMERG. UPGRADE SERVICES 5,042,623.10 5,326,005.81 247 - AB 939 RECYCLING FUND 258,158.27 317,754.29
248 - SOLID WASTE 85,801.44 150,429.40
251 - STREET LIGHTING DISTRICT 2000-1 18,659.30 16,782.76 253- I
NDIAN WELLS VILLAS OPERATIONS 329,811.00 323,569.77
254- MO
UNTAIN VIEW VILLAS OPERATIONS 724,147.44 408,593.78
256- H

OUSING AUTHORITY
1,010,832.71 3,290,481.56
271 - EL
DORADO DRIVE LLMD 99,561.70 67,286.60
272 - MO
NTECITO/STARDUST LLMD 20,508.60 12,132.23
273 - CASA D
ORADO LLMD 11,040.30 142.43
274 - TH
E COVE LLMD 10,722.82 508.00
275 - SH
111/IWGR (ENTRANCE) LLMD 246,055.79 175,224.13
276 - CL
UB/IW LANE LLMD 44,592.09 29,420.14
277 - CO
LONY LLMD 115,237.24 95,486.56
278 - CO
LONY COV ESTATES LLMD 53,509.57 54,376.18
279 - D
ESERT HORIZONS LLMD 196,299.76 154.00
280 - MO
UNTAIN GATE LLMD 114,890.31 109,527.88
281 - MO
UNTAIN GATE ESTATES LLMD 51,080.50 51,238.45
282 - VI
LLAGIO LLMD 269,193.63 265,697.18
283 - VAI
DYA LLMD 38,047.43 36,957.26
284 - CL
UB, SOUTH OF 111 LLMD 38,912.47 34,143.58
285 - MO
NTELENA LLMD 109,791.81 100,998.09
286 - SUND
ANCE LLMD 24,777.63 504.00
287 - P
ROVINCE LLMD 178,669.87 79,420.83
288 - P
ROVINCE DBAD 565,497.58 566,037.30
TO
TAL SPECIAL REVENUE FUNDS 10,965,096.55 13,780,945.76

CAPITAL PROJECT FUNDS
310 - PARK FACILITIES FEES 0.00 21,510.00
311 - TRANSPORTATION FACILITIES FEES 0.00 3,916.00
313 - RECREATION FACILITIES FEES 0.00 7,844.00
314 - PARK-IN-LIEU FEES 0.00 65,856.45
315 - CITYWIDE PUBLIC IMPROVEMENT FEE 0.00 1,431.00
316 - CAPITAL IMPROVEMENT 12,358,768.36 5,450,974.77
319 - ART IN PUBLIC PLACES 762,783.64 496,527.20
321 - HIGHWAY 111 CIRCULATION IMP FEE 36,842.70 37,297.70 TOTAL CAPITAL PROJECT FUNDS 13,158,394.70 6,085,357.12
NET CASH & INVESTMENT SUMMARY JUNE 2024
T:\Common\bank\Treasurer's Report\Cash10Jun 24 FINAL FOR AGENDA 12:05 PM8/29/2024 ATTACHMENT #1

Council Agenda - September 5, 2024

CITY OF INDIAN WELLS
NET CASH & INVESTMENT SUMMARY JUNE 2024
PAGE 2
RESTRICTED FUNDS (Cont.) June June
2024 2023

REPLACEMENT FUNDS
326 - BUILDINGS CAPITAL RESERVE 2,135,118.80 1,998,295.80 327 - BRIDGES CAPITAL RESERVE 1,936,195.00 1,796,920.00 328 - MEDIANS & PARKWAYS CAPITAL RESERVE 1,574,128.07 1,430,392.07 329 - STORM DRAINS CAPITAL RESERVE 874,870.00 722,523.00 330 - TRAFFIC SIGNALS CAPITAL RESERVE 747,122.00 593,092.00 331 - TECHNOLOGY CAPITAL RESERVE 696,264.00 541,715.00
332 - CITY STREETS CAPITAL RESERVE 17,188,123.00 17,211,121.00 333 - CITY VEHICLES CAPITAL RESERVE 283,766.00 124,239.00 350 - DISASTER RECOVERY RESERVE 438,156.00 292,977.00
TOTAL REPLACEMENT FUNDS 25,873,742. 87 24,711,274.87

SUCCESSOR AGENCY FUNDS
453 - DEBT SERVICE 5,401,489.68 5,166,863.00
456 - RDA OBLIGATION RETIREMENT 2,678,697.00 2,165,923.00 TOTAL SUCCESSOR AGENCY FUNDS 8,080, 186.68 7,332,786.00

FINANCING AUTHORITY FUNDS
460 - INDIAN WELLS FINANCING AUTHORITY 0.93 277.98
TOTAL FINANCING AUTHORITY FUNDS 0.93 277.98

ENTERPRISE FUNDS
560 - INDIAN WELLS GOLF RESORT 1,336,084.84 1,500,000.00 TOTAL ENTERPRISE FUNDS 1,336,084. 84 1,500,000.00

INTERNAL SERVICE FUNDS
601 - OPEB BENEFIT FUND 1,187,157.36 709,087.03
TOTAL INTERNAL SERVICE FUNDS 1,187,157.36 709,087.03

RESERVE FUNDS
602 - COMPENSATED ABSENCES 619,563.00 583,091.00
TOTAL RESERVE FUNDS 619,563.00 583,091.00

TRUST & AGENCY FUNDS
732 - SPECIAL DEPOSITS 704,159.80 739,202.63
TOTAL TRUST & AGENCY FUNDS 704,159.80 739,202.63
TOTAL ALL FUNDS 86,088,860.56 76,464,125.55

FISCAL AGENTS
253 - INDIAN WELLS VILLAS 89,252.10 65,928.18
254 - MOUNTAIN VIEW VILLAS 250,484.88 206,437.68
453 - US BANK TRUSTEE - SUCCESSOR AGENCY DEBT SERVICE 590.14 2,512.62 460 - US BANK - INDIAN WELLS FINANCE AUTHORITY 6,275,928.01 10,676,504.15 560 - INDIAN WELLS GOLF RESORT 541,524.30 319,313.96
601 - PARS SECTION 115 TRUST - PENSION 984,352.02 884,631.61 601 - PARS SECTION 115 TRUST - OPEB 699,029.84 214,711.20 TOTAL FISCAL AGENTS 8,841,161. 29 12,370,039.40
TOTAL ALL FUNDS & FISCAL AGENTS 94,930,021.85 $ 88,834,164.95 $ UNRESTRICTED FUNDS 24,164,473.83 21,022,103.16
RESTRICTED FUNDS 70,765,548.02 67,812,061.79
94,930,021.85$ 88,834,164.95 $
T:\Common\bank\Treasurer's Report\Cash10Jun 24 FINAL FOR AGENDA 12:05 PM8/29/2024

Council Agenda - September 5, 2024
City of Indian Wells
Bank Reconciliation Report - City Held Cash
Finance Department
MONTH: June 30, 2024
Investment # Investment Type Investment Descri ption Book Value Bank Checking & Sweep
1 Pacific Western Bank - Sweep **-**1117 1,746,643.16
2 Pacific Western Bank - Accts. Payable **-**3411 0.00
3 Pacific Western Bank - Payroll **-**1752 0.00
6 Pacific Western Bank - Ambulance **-****7937 0.00
7 Pacific Western Bank - Public Funds MMA **-****5064 15,861.49 8 US Bank Money Market - Investment 0.00
9 US Bank Money Market - 4590 4,817,748.79
10 US Bank Money Market - 4591 13,161,265.93
19 Petty Cash 2,000.00
19,743,519.37
Managed Pool Accounts
21 Local Agency Investment Fund - City 98-33-385 5,035,303.04 5,035,303.04
Certificates of Deposit
501 Certificate of Deposit-BankWest 06652CHA2 249,000.00 512 Certificate of Deposit-BMW Bank North America 05580AVX9 250,000.00 513 Certificate of Deposit-Nicolet Nation Bank 654062JZ2 250,000.00 514 Certificate of Deposit-Live Oak Banking Company 538036LD4 250,000.00 515 Certificate of Deposit-Alma Bank 020080BX4 250,000.00 516 Certificate of Deposit-State Bank of India 856285TF8 248,000.00 517 Certificate of Deposit-First Natl Bank of McGregor TX 32112UDR9 249,000.00 518 Certificate of Deposit-Centerstate Bank 15201QDE4 248,000.00 519 Certificate of Deposit-Northwest Bank 66736ABV0 249,000.00 522 Certificate of Deposit-Pacific Western Bank 69506YRL5 248,000.00 525 Certificate of Deposit-Bank of Baroda 06063HMS9 249,000.00 548 Certificate of Deposit-Toyota Financial Sgs Bank 89235MKY6 250,000.00 550 Certificate of Deposit-Greenstate Credit Union 39573LBL1 250,000.00 557 Certificate of Deposit-Pentagon Federal Credit Union 70962LAS1 249,000.00 558 Certificate of Deposit-Nelnet Bank, Inc 64034KAG6 250,000.00 561 Certificate of Deposit-Beal Bank 07371AYE7 250,000.00 562 Certificate of Deposit-Beal Bank USA 07371CE88 250,000.00 573 Certificate of Deposit-Capital One NA 14042RUJ8 250,000.00 574 Certificate of Deposit-Austin Telco Fed Credit Union 052392BT3 250,000.00 575 Certificate of Deposit-Synchrony Bank 87164XR65 250,000.00 581 Certificate of Deposit-Pacific Western Bank Certificate 0059863003 264,844.20 585 Certificate of Deposit-Liberty First Credit Union 530520AK1 249,000.00 586 Certificate of Deposit-First Guaranty Bank Hammond LA 249,000.00 587 Certificate of Deposit-Medallion Bank Utah 58404DSW2 249,000.00 588 Certificate of Deposit-Pitney Bowes Bank 724468AG8 244,000.00 589 Certificate of Deposit-Bank Five Nine 062119CD2 249,000.00 590 Certificate of Deposit-First Foundation Bank 32026UW51 244,000.00 591 Certificate of Deposit-Summit National Bank 86616RAG0 249,000.00 592 Certificate of Deposit-First National Bank of America 32110YD93 249,000.00 597 Certificate of Deposit-Morgan Stanley Private Bank 61768ET29 244,000.00 598 Certificate of Deposit-Cross River Bank 227563EX7 244,000.00 599 Certificate of Deposit-Universal Bank and Trust Co 91527PCF2 249,000.00 7,972,844.20
Medium Term Corporate Notes
524 Bank of New York Mellon Corp 06406RAN7 1,003,099.54 526 Montebello CA Pens Oblig AA 612285AE6 1,014,998.63
533 JP Morgan Chase Bank NA 46632FRU1 2,000,000.00
538 JP Morgan Chase 48128G2Q2 1,000,000.00
549 Bank of America MTN 06048WM31 1,000,000.00
556 Bank of America MTN 06048WM72 1,000,000.00
576 John Deere Capital Corp 24422EWR6 1,019,466.35
8,037,564.52
Federal Agency Issues
542 Fed. Farm Credit Bank 3130ALJ62 1,000,000.00
544 Fed. Farm Credit Bank 3130ALMM3 2,000,000.00
546 Fed. Farm Credit Bank 3130ALW67 1,000,000.00
551 Fed. Farm Credit Bank 3130AMW57 2,000,000.00
559 Fed. Home Loan Bank 3130AQWF6 1,000,000.00
560 Fed. Home Loan Bank 3130AQWJ8 1,000,000.00
563 Fed. Home Loan Bank 3130AQZ55 1,000,000.00
564 Fed. Home Loan Mtg Corp 3134GXMX9 1,000,000.00
566 Fed. Home Loan Bank 3130ARGE5 1,000,000.00
567 Fed. Home Loan Mtg Corp 3134GXQP2 1,000,000.00
568 Fed. Home Loan Bank 3130AS3Z0 1,700,000.00
571 Fed. Home Loan Bank 3130ASS67 1,000,000.00
572 Fed. Home Loan Bank 3130ASS91 1,000,000.00
582 Fed. Farm Credit Bank 3133EPPC3 2,000,000.00
17,700,000.00
Municipal Bonds
537 Dixon CA Unified School District 255651KY6 500,112.35 531 Natomas CA School District 63877NMM6 300,000.00
800,112.35
Treasury Discounts-Amortizing
600 United States Treasury Bill 912797KN6 1,997,824.67
601 United States Treasury Bill 912797JU2 1,991,447.08
602 United States Treasury Bill 912797KL0 1,978,085.14
603 United States Treasury Bill 912797LF2 1,001,965.11
604 United States Treasury Bill 912797LF2 246,599.01
7,215,921.01
Treasury Securities
593 United States Treasury Bill 91282CFU0 9,930,316.24
594 United States Treasury Bill 912810FF0 13,533,792.44 23,464,108.68
Total Pooled Cash and Investments 89,969,373.17 $
Fair Value Increase (over cost) (5,107,902.20)
Outstanding items Warrants/Wire Transfers Oustanding (Bank) (471,937.24) Outgoing ACH Payments Outstanding (GL) 1,692,579.51
Incoming Payments Outstanding (GL) 983.24
Credit Card in Transit 5,764.08
Total Outstanding Items 1,227,389.59
Reconciled Bank Balance 86,088,860.56 $
General Ledger Balance 86,088,860.56 $

0.00 8/29/2024, 12:04 PM T:\Common\bank\bank reconciliation fy24\2024-06_RPT_Jun Bank Rec Working\Jun 24 pooled Final

Council Agenda - September 5, 2024
i
/'.') *.i'
INDIAN,,i WELLS

CALI FORNIA
The City of lndian Wells
Portfolio Management
Portfolio Summary
June 30, 2024
Market
value
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489
Par Book
value
oh ol
Po1tf0lio
Days to
Maturity
YTM
360 Equiv.

YTM
365 Equiv.lnvestments
Managed Pool Accounts - LAIF
Money Market Sweep/Checking Account
Negotiable cD's
Medium Term Corporate Notes
Federal Agency lssues - Callables
Treasury Securities
Miscellaneous Securities - Coupon
Treasury Discounts -Amortizing
Componding Certificates of Deposit
lnvestmenls
Total Earninqs
Current Year
Average Daily Balance
of Return
Kevin
Reporting period 06/01 /20244613012024
value
5,035,303.04
19,743,519.37
7,708,000.00
8,000,000.00
17,700,000.00
23,000,000.00
800,000.00
7,276,000.00
264,844.20
Term
5,035,303.04
19,743,519.37
7,483,585.15
7,499,880.00
16,990,458.00
23,337,830.00
785,135.00
7,212,890.36
2U,444.20
s,035,303.04
19,743,519.37
7,708,000.00
8,037,564.52
17,700,000.00
23,464,108.68
800,1 12.35
7 ,215,921.O1
264,844.20

5.60 21.94

8.57 8.93

19.67 26.08

0.89 8.02
o.29
1 'l
1,825
1,803
1,491
1,638
1,449
141
396
1 1
924
642
625
1,437
168
60 b

4.419

4.710
a tc1

1.340

2.501

4.207

0.654

5.089

5.370

4.480

4.775

2.285

1.359

2.535

4.265

0.663

5.160

5.445
89,527,666.61 88,353,445.12 89,969,373.17 100.00% 1,063 3.612 3.663 June 30 Month Ending
249,762.03
84,r145,868.15
3-60%
flow from revenue and maturing investments will be sufficient to cover expenditures for the next six months. All securities are "Marked{o-Market" on a monthly basis.

Portfolio CITY
AP
PM (PRF_PM1) 7.3.1 1
Report Ver, 7.3.1 1
641
The
Run Dale: 0711912024 - 16:24 No fiscal year history available

Council Agenda - September 5, 2024
The Gity of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
June 30, 2024
Purchase
l'hl. Par value
5,035,303.04

0.00 5,035,303.04
Average
lssuer
LAIF - City
LAIF - Redevelopment
5,035,303.04
Pacific Western Bank
Pacific Western Bank-Ambulance
Pacific Western-PublicFundsMMA
US Bank Money Market
US Bank Money Market-4591
US Bank Money Market4590
Pacific Western - Acct Payable
Pacifi c Western-Payroll
Union Bank-Checking
Petty Cash
WestAmerica Bank
Subtotal and Average 13,978,662.36
Alma Bank
Austin Telco Fed Credit Union
Bank of Baroda
Bank Five Nine
Bankwest lnc.

Beal Bank - Plano TX
Beal Bank USA

BMW BANK NORTH AMERICA
Capital One NA
Centerstate Bank NA
Cross River Bank
First Guaranty Bank Hammond LA
First National Bank of America
First Foundation Bank
First Natl Bank of McGregor TX
Greenstate Credit Union
Liberiy First Credit Union
Live Oak Banking Company
Medallion Bank Utah
Stated
BookValue Rata

YTM Days to Maturity
Fit.h 360 Maturitv l)rlaCUSIP lnvestment #
Managed Pool Accounts - LAIF
SYS21
SY523
21 07t01t2022
07t01t2022
08t30t2022
0813012022
071o112022
07t01t2022
0710112022
07to112022
0313112020
o9t21t2022
0712212020
07t31t2023
07t26t2019
0212312022
02t2312022
03t3112020
09t2112022
04t30t2020
03t07t2024
o8t1112023
0811612023
08t1612023
04t28t2020
06t16t2021
0811112023
03t3112020
07t3112023
1,746,643.16

0.00 '15,861.49

0.00 13,161,265.93
4,817,748.79

0.00 0.00

0.00 2,000.00

0.00 1 ,746,643.16

0.00 15,86'1 .49

0.00 13,161,265.93
4,817,748.79
0_00

0.00 0.00
2,000.00

0.00 Market Value
5,035,303.04

0.00 5,035,303.04
19,743,51 9.37
242,930.00
242,337.50
237,560.94
247,717 .65
248,355.09
231,782.50
231,782.50
243,152.50
243,015.00
239,917.68
240,727.96
247,735.08
253,048.74
242,260.28
241,134.09
231,352.50
251,477 .55
242,900.00
246,801.33
5,035,303.04

0.00 5,035,303.04
1,746,643.16

0.00 15,861.49

0.00 13,16'1,265.93
4,817,748.79

0.00 0.00

0.00 2,000.00

0.00 19,743,519.37
2s0,000.00
250,000.00
249,000.00
249,000.00
249,000.00
250,000.00
2s0,000.00
250,000.00
250,000.00
248,000.00
244,000.00
249,000.00
249,000.00
244,000.00
249,000.00
250,000.00
249,000.00
250,000.00
249,000.00

4.480

0.233

4.419
o.230
Subtotal and Average
Money Market Sweep/Ghecking Account
SYSl
SY56
SYST
SYS8
SYSlO
SYS9
SYS2
SYS3
SY54
SYS19
SY55

0.250

4.540

5.210

5.230

4.419

0.247

0.000

4.478

0.000

5.139

5.158

0.000

0.000

0.197

0.000

0.000

4.7',tO
Negotiable GD's
0200808X4
052392BT3
06063HMS9
062119CD2
06652CHA2
07371AYE7
07371 CE88
05580AVX9
14042RUJ8
15201QDE4
227563EX7
3204374D8
321 '10YD93
32026UW5',|
321 12UDRg
39573LB11
530520AK,l
5380361D4
58404DSW2
1 6
7 8
IU
q
2 J
4 19
q
515
574
525
589
501
561
562
512
573
518
598
586
592
590
517
550
585
514
587
19,743,519.37
250,000.00
250,000.00
249,000.00
249,000.00
249,000.00
250,000.00
250,000.00
250,000.00
250,000.00
248,000.00
244,000.00
249,000.00
249,000.00
2214,000.00
249,000.00
250,000.00
249,000.00
2s0,000.00
249,000.00

0.200

1.400

3.800

0.700

4.500

2.000

1.900

1.900

1.550

3.900

1.250

4.250

4.500

4.450

4.450

1.350

0.900

4.700

1.400

4.400

1.380

3.748

0.690

4.438

1.973

1.874

1.874

1.529

0.000

1.?33
4192

4.438

4.394

0.000

1.332
0_888

4.641

1.382

4.406
270 03t28t2025
1,177 0912112027
386 0712212025
1,488 0712812028
25 0712612024
961 02fi712027
961 02t1712027
273 0313112025
1,177 0912112027
303 0413012025
1,710 0310712029
1,495 0810412028
1,506 08/15/2028
1,500 08/09/2028
301 0412812025
715 0611612026
1,498 0810712028
273 0313112025
1,491 07131n028
Portfolio CITY
AP
PM(PRF PM2)7.3.11Run Datet 07 I 19 12024 -'l 6124
Report Ver. 7.3.1 I

Council Agenda - September 5, 2024
The City of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
June 30, 2024
Purchase
Date
Stated
BookValue Rare
Pagez
YTM Days to Maturity
Fitch 36O Maturitv lletaCUSIP lnvostmont #
Negotiable CD's
61 768ET29
64034KAG6
654062J22
66736A8V0
69506YRL5
70962LAS1
724468AG8
856285TF8
86616RAGo
87164XR65
89235MKY6
91527PCF2
Medium Term Gorporate Notes
06048WM31
06048WM72
06406RAN7
24422EWR6
48128G2Q2
46632FRU1
61 2285AE6
lssu€r
Morgan Stanley Private Bank
Nelnet Bank, lnc.

Nicolet Naiional Bank
Northwest Bank
Pacific Western Bank CA CD
Peniagon Federal credit Union
Pitney Bowes Bank lnc.

State Bank of lndia NY, NY CD
Summit Naiional Bank
Synchrony Bank
Toyota Financial Sgs Bk
Universal Bank and Trust Co.

Subtotal and Average
Bank of America l\4TN A
Bank of America MTN A
Bank of New York Mellon Corp
John Deere Capital Corp
JPlvlorgan Chase & Co
JP Morgan Chase Bank NA
Montebello CA Pens Oblig AA
Subtotal and Average
Fed. Farm Credit Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Mtg CorP
597
558
513
519
522
557
588
516
591
575
548
599
549
556
524
576
538
533
526
582
u2
544
546
551
559
560
563
566
s68
571
572
564
Average
R.l.n.a
7,913,833.33
8,038,597.64
03to6t2024
o2t02t2022
0313112020
0413012020
04t30t2020
09t2912021
07t31t2023
04t29t2020
o8t16t2023
0912312022
04t22t2021
03t1312024
05128t2021
07t30t2021
05t14t2020
05t18t2023
0212612021
01t2212021
07 t1712020
07t03t2023
0312412021
0313012021
0412212021
06t30t2021
02t25t2022
02t24t2022
03110t2022
04t21t2022
05t26t2022
08t1612022
o8t10t2022
03t2512022
Par Value
2u14,000.00
250,000.00
250,000.00
249,000.00
248,000.00
249,000.00
244,000.00
248,000.00
249,000.00
250,000.00
250,000.00
249,000.00
7,708,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
8,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,700,000.00
1,000,000.00
1,000,000.00
1,000,000.00
Market Value
241,743.O0
229,607.50
242,890.O0
240,770.55
239,917.68
227,912.19
241,791.80
240,639.36
250,556.25
243,382.50
232,605.00
245,780.43
7,483,585.1 5
913,820.00
906,s30.00
969,320.00
995,740.00
915,640.00
1,826,080.00
972,750.00
7,499,880.00
1,999,980.00
933,340.00
1,869,800.00
934,380.00
1,870,060.00
936,060.00
934,020.00
944,700.00
9ss,250.00
1,683,748.00
991,1 '10.00
978,1 10.00
977,320.00
244,000.00
250,000.00
250,000.00
249,000.00
248,000.00
249,000.00
244,000.00
248,000.00
249,000.00
250,000.00
250,000.00
249,000.00
7,708,000.00
1,000,000.00
1,000,000.00
1,003,099.54
1,019,466.35
1,000,000.00
2,000,000.00
1,014,998.63
8,037,564.52
2,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,700,000.00
1,000,000.00
1,000,000.00
1,000,000.00

2.753 924
031a612029
o2t02t2027
03t31t2025
04t30t2025
0413012025
09t29t2026
07t31t2028
04t29t2025
o&t10t2028
0912312027
04t22t2026
0311312029
ost2812026
07t30t2026
04t2412025
01t20t2028
02t26t2026
01t22D026
06to112025
0710312024
0312412026
0313012026
04t22i2026
06t30t2026
0212512027
02t24t2027
03t10t2027
04t21t2027
11t2612024
08t16t2027
0811012027
03t2512025

4.350

1.500

1.400

1.200

1.250

0.900

4.400

1.600

4.500

3.950

0.900

4.250

1.250

1.200

1.600

4.750

0.800

0.700

2.503

4.290

1.479
'1.382
11U

1.233

0.888

0.000

1.578

4.443

3.896

0.888

4.192
1,709
946
273
303
303
820
1,491
302
1,501
1,179
660
1,716
696
759
297
1,298
605
s70
335

5.375

0.875

1.000

1.100
'1.000

2.150

2.050

2.500

3.000

3.000

4.500

4.000

2.200

1.233

1.184

1.190

4.083

0.789

0.690

0.819

5.301

0.863

0.986

1.085

0.799

2.'121

2.022

2.466

2.959

2.959

4.438

3.945

2.179
2 oJt
637
660
729
969
968
982
1,024
148
1,141
1 ,135
267

1.340 642
Federal Agency lssues - Callables
31 33EPPC3
31 30ALJ62
313OALMM3
313041W67
3130A1\ilW57
313OAQWF6
313OAQWJ8
3130AQ255
313OARGE5
31 30AS3Z0
31 30AS567
3130AS591
3134GXMX9
Portfolio CITY
AP
PM (PRF_PM2) 7.3.1 1Run Dale: 07 11912024 - 16124

Council Agenda - September 5, 2024
CUSIP lnvostm€nt #
Federal Agency lssues - Callables
31 34GXQP2
Treasury Securities
Treasury Discounts -Amortizing
912797KN6
912797JU2
912797KL0
912797tF2
912797LFz
lssuer
Fed. Home Loan Mtg Corp
Subtotal and Average
U.S. Treasury
U.S. Treasury
Subtotal and Average
U.S. Treasury
U.S. Treasury
U.S. Treasury
U.S. Treasury
U.S. Treasury
Subtotal and Average
Pacific Western Bank
Subtotal and Average
Total and Average
Stated
Book Value P.r. Fitch
1,000,000.00 3.030
17,700,000.00

YTM Days to Maturity

2.988 301 0412812025

2.501 625
The City of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
June 30, 2024
912A2CFU0
912810FF0
Miscellaneous Securities - Coupon
255651 KY6
63877NMM6
Dixon CA Unified School Dist
Natomas CA Sch Dist AA lnsured
Subtotal and Average
567
593
594
537
531
600
601
602
603
604
Average
17,900,000.00
23,468,121.98
800,166.65
7,047,400.86
263,782.29
84,/t45,868.15
Purchase
Dale
04t28t2022
1211212023
12t1412023
0211812021
101o112020
03t28t2024
03t2812024
o3t28t2024
0611312024
06t21t2024
o6to7t2o23
Par Value
1,000,000.00
17,700,000.00
10,000,000.00
13,000,000.00
23,000,000.00
500,000.00
300,000.00
800,000.00
2,000,000.00
2,000,000.00
2,000,000.00
1,024,000.00
252,000.00
7,276,000,00
264,844.20
264,84J.20
89,527,665,61
Market Value
982,580.00
16,990,458.00
9,887,900.00
13,449,930.00
23,337,830.00
497,975.00
287,160.00
785,135.00
1,997,680.00
1,990,960.00
1,976,820.00
1,001,072.64
246,357.72
7,212,890.36
264,U4.20
264,A44.20
88,353,445.12
9,930,316.24
13,533,792.44
23,464,1 08.68
500,1 12.35
300,000.00
800,1 12.35
1,997,824.67
1,99',t,M7.08
1,978,085.14
1,001,965.11
246,599.01

4.294

4.143

4.207 1,437

0.395

1.085

0.654 168
1,217 10t3112027
1,598 111151202A

4.125

5.250
o.672
1 .100

4.876

4.926

4.94'l

4.944

4.929

5.013

5.096

5.1 33

5.1 36

5.1 15
31 08t01t2024
396 08/01/2025
I 07to9t2024
31 08t01t2024
80 0911912024
157 12tO512024
157 12t05t2024
Componding Certificates of Deposit
SYS581 581
7,215,921.01
264,844.20 5.370
264,84/'.20
89,969,373.17

5.089 60

5.370 6 07t07t2024

5.370 6

3.612 641
Portfolio CITY
AP
PM (PRF_PM2) 7.3.1 1Run Dale: 0711912024 - 16:24

Council Agenda - September 5, 2024
- .t-
lry-tJ- -t

INDIAN ,I WELLS
City of lndian Wells
4+950 Eldorado Drive
lndian Wells CA9221O
(760)346-2489CALIFORNIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Tolal Earnings
Cunent Year
Average Daily Balance
of Return
Kevin Agency
Repo.ting period 06/01 120244613012024
201 4, 2015, 2016, 2020 Series
Portfolio Management
Portfolio Summary
June 30, 2024
Par Market
Value
Book
Value
Y" ol
Portfolio Term
Days to
Maturity
YTM
360 Equiv,

0.000

0.000
YTM
365 Equiv.

0.000

0.000
Portfolio 14A
CP
PM (PRF_PM1) 7.3.1 1
Report Ver. 7.3.1 1
Value
581.14
s81.14
June 30 Month Ending
581.14
581.14
s81.14 100.00
581.14 100.00% 1

0.00 578.68

0.00%
Run Dale: 07lozl2124 - 21t27 No llscal year history available

Council Agenda - September 5, 2024
lssuer
201 4A Bonds Reserve
All Bond Series Principal
All Bond Series lnterest
All Bond Series Debl Svc
Cost Of lssuance Escrow
Average Purchase Stated
BookValue p-+a Fit.h

0.00 12.O1
475.69

93.44 0.00
581.14
581.14
Page I
YTM Days to Maturity

0.000

0.000

0.000

0.000

0.000

0.000

0.000
Portfolio l4A
CP
PM (PRF_PM2) 7.3.1 1
201 4, 201 5, 201 6, 2020 Se ries
Portfolio Management
Portfolio Details - Investments
June 30,2024
CUSIP lnvestment #
Money Market SweeprGhecking Account
SYS28
SYS26
SYS25
SYS27
SYS24
Subtolal and Average
Total and Avarage
28 26
25 27
1 07to\no22
07toIt2022
07t01t2022
07t01t2022
071o112022
Par Value

0.00 12.01
475.69

93.44 0.00
58't.14
58t.14
Market Value

0.00 12.O1
475.69

93.,t4

0.00 581.14
58't.{4
578.68
578,68
Run Oale: O7IO2|2O24 -21:27
Report vtr. 7.3.11

Council Agenda - September 5, 2024
* /.F' /I :a'
INDIAN i' WELLS
City of lndian Wells
4+950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALIFORNIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Total Earnings
Cunent Year
Average Balance
of Return
Agency
Reporting period 06/01/20244613012024
Valua

1.00 1.00
June 30 Month Ending
Pat
2015 A Bonds
Portfolio Management
Portfolio Summary
June 30, 2024
Market
V:hra

1.00 1.00
Book
Value
%ol
Portfolio Term
Days to
Mduriw
YTM
360 Equiv.

0.000

0.000
YTM
355 Equiv,

0.000

0.000
Portfolio 15A
CP
PM (PRF_PM1 ) 7.3.11
Report Ver. 7.3.1 1

1.00 100.00

1.00 100.00%

0.00 r.00

0.00%
Run D aE 07 I 02 I 2024 - 21 t32 No fiscal year history available

Council Agenda - September 5, 2024
2015 A Bonds
Portfolio Management
Portfolio Details - Investments
June 30, 2024
Purchase
Date Par Valua
07to112022
0710112022

1.00 1.00
Stated
BookValue p.rA Fitch

1.00 1.00
Page I
CUSIP lnvestment # l6suer
Money Market SweeprGhecking Accou nt
SYS27 27 2015 A Reserve
SYS22 22 UBC Cost Of lssuance Escrow
Subtotal and Average
Total and Average

1.00 0.00

1.00 0_00

1.00 0.00

0.000

0.000
Average

1.00 t.00
Market Valu6

1.00 1.00
YTM Days to
365 Maturitv
0,000

0.000
Maturity
Portfolio 15A
CP
PM (PRF_PM2) 7.3.11Run Dale. o7l,2l2o24 - 21:32
R€port Vtr. 7.3.11

Council Agenda - September 5, 2024
INDIA-ffiELLS

CALIFORNIA
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489
Par
2016 A Bonds
Portfolio Management
Portfolio Summary
June 30, 2024
Market

1.00 1.00
Book
Value
to ol
Partfalio Term
Days to
Maturity
YTM
360 Equiv.

0.000

0.000
YTM
355 Equiv.

0.000

0.000
Portfolio 16A
CP
PM (PRF_PM1 ) 7.3.1 1
Report Ver. 73.1'1
lnvestments
Money Market Sweep/Checking Account
lnvestments

1.00 1.00
Month Endino

1.00 100.00

1.00 100.00%
Total Earnings
Cunent Year
Average Daily Balance
of Return
Agency Treasurer
Reporting period 06/01/202446130n024
June 30

0.00 1.00

0.00o/o
Run Da!€: 0712512024 - 17'.17
No fiscal year history available

Council Agenda - September 5, 2024
2016 A Bonds
Portfolio Management
Portfolio Details - lnvestments
June 30, 2024
Purchase
Dale

YTM Days to Maturity
Fitch 365 Maturitv Date
Stated
Book Value Rate

1.00 1.00
CUSIP lnvestment # lssuer
Money Market SweeplGhecking Account
SYS28 1 UBC Cost of lssuance Escrow
SYS33 2 union Bank ReserveAccount
Subtotal and Average
Total and Average
Average
Balance

1.00 1.00
0710112022
07t01t2022
Par Value Market Value

0.00 1.00

1.00 1.00

0.00 1.00

0.00 1.00

0.000

0.000

1.00 1.00

0.000
0,000
Portfolio 164
CP
PM (PRF_PM2) 7.3.1 1P.unDalet 0712512024 - 17:17
Report Vtr. 7.3.11

Council Agenda - September 5, 2024
l_ ,./- t4/,L*\
INDIAN.\. WELLS
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA922'10
(760)346-2489CALITORNIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Total Earnings
Cunent Year
Average Daily Balance
of Return
Treasuer
Reporting period 06/01 /20244613012024
Value

1.00 1.00
June 30 Month Ending
Par
2020 A Bonds
Portfolio Management
Portfolio Summary
June 30, 2024
Market
Valrre
Book
Value

1.00 1.00
%ol
Portfolio

1.00 100.00

1.00 '100.00%
Term
Days to
Maturity
YTM
360 Equiv.

0.000

0.000
YTM
355 Equiv.

0.000

0.000
Portfolio 20A
CP
P[il (PRF-PMI ) 7.3.1 'l
Report Ver. 7.3.1 1
1 0.00

1.00 0.00%
Run Dd€ : 07 l12l2o24 - 21 t1 7 No fiscal year history available

Council Agenda - September 5, 2024
custP lnvestment #
Money Market SweeprChecking Account
lssuer
2020 A Bonds COI
2020 A Bonds Reserve
Subtotal and Average
Total and Average
2020 A Bonds
Portfolio Management
Portfolio Details - lnvestments
June 30,2024
Purchase
flale Par Value
07t0112022
07to1n022

1.00 1.00
SYSl
SYS2
1 2
AveragB
r.00

1.00 0.00

1.00 0.00

1.00 0.00

1.00 Market Value

1.00 1,00
Stated
BookValue Rata

1.00 1.00
Page I
YTM Days to Maturity
Fitch 365 Maturitv Drfa

0.000

0.000

0.000 1

0.000
Portfolio 20A
CP
PM (PRF_PM2) 7.3.1 1
Rtn Oat€: O7lO2l2O24 -21117
R€port Vsr. 7.3.1 1

Council Agenda - September 5, 2024
*.e.i
/ ''- |i .--
INDIAN,l:'WELLS
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALI FORN IA
lnvestments
Money Market Sweep/Checking Account
lnveslments
Total EarninEs
Cunent Year
Average Daily Balance
of Return
Agency Treasuer
Reporting period 06/01 /20244613012024
Vrhra
6,275,928.01
6,27s,928.01
June 30 Month Ending
Par
2022 Bonds
Portfolio Management
Portfolio Summary
June 30, 2024
Market
6,275,928.01
6,275,928.0r
Book
Value
o/o ol
Parffolio
Oays to
Term Maturitv
YTM
360 Equiv.

0.000
1 0.000
YTM
365 EquiY.

0.000

0.000
Portfolio 22
CP
Pl\il (PRF_PMl ) 7.3.11
Report Ver. 7.3.1 1
6,275,928.01 100.00
6,275,928.0r 100.00%

0.00 6,74(i,157.22

0.00%
RunOale: 07125|2024 - 17t23 No fiscal year history available

Council Agenda - September 5, 2024
2022 Bonds
Portfolio Management
Portfolio Details - Investments
June 30, 2024
Purchase
Date
Stated
BookValue p.ra

0.00 250.54
6,274,292.73
'1,384.73

0.01 6,275,924.O1
6,275,928,01
Page I
YTM Days to Maturity
365 Maturitv Daie

0.000

0.000

0.000

0.000

0.000

0.000
0,000
Portfolio 22
CP
PM (PRF_PM2) 7.3.1 I
FitrhcuslP lnvestment #
Money Market Sweeplchecking Account
SYS2
SY34
SYSl
SYS5
SYS3
Subtotal and Average
Total and Average
lssuer
2022 Bonds COI
2022 Bonds lnterest
2022 Bonds Project Fund
2022 Bonds Redemption Fund
2022 Bonds Payment Fund
2 4
1 5
3 Average
6,740,157.22
6,740,157.22
071o112022
0311612023
07t01t2022
o3t16t2023
0912112022
Par Value

0.00 250.9
6,274,292.73
1,384.73

0.01 6,275,928.01
6,275,92a.O1
Markel Value

0.00 250.U
6,274,292.73
1,384.73

0.01 6,275,928.01
6,275,928.01
Run Date: 07 lZSl2O24 - 17 123
Report Vs. 7.3.11

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INDIAN WELLS CITY COUNCIL
September 5, 2024

To: City Council
From: City Attorney
Prepared by: Todd Leishman, Best, Best, & Krieger LLP
Subject: Ordinance Amending Chapter 21.32 Relating to Time-Share Provisions of the Municipal Code

RECOMMENDED ACTIONS:

Council INTRODUCES and DISCUSSES an ordinance adding Chapter 21.32 “Time- Share Uses” and deleting Section 21.04.090 from Title 21 of the Indian Wells Municipal Code reinforcing the City’s prohibition against time-share uses within the City; and

APPROVES the ordinance to be brought back for second reading and adoption; and

FINDS the action to be exempt from the provisions of the California Environmental Quality Act (“CEQA”) under state CEQA Guidelines sections 15060(c)(2), 15060(c)(3), and 15061(b)(3).

BACKGROUND:

In recent years, there has been discussion in Califor nia cities regarding time -share projects. One source of these discussions arise due to a company, now known as Pacaso, that began marketing homes in various cities in a manner that functions like a time-share project. Based on Pacaso’s marketing materials, cities have concluded that the properties being marketed by Pacaso were not just fractional- or partial-ownership structures, but also constitute time-share uses with all the transitory-occupancy impacts. The City of St.

Helena recently concluded litigation with Pacaso, the outcome of which was favorable to St. Helena. That litigation encourages a new look at the City’s current regulation of time- share uses.

Currently, Section 21.04.090 of the City’s Zoning Code prohibits the creation of a new time-share project in any zone within the City (the “Time Share Ordinance”). When reviewing the Time Share Ordinance in this context, the City Attorney’s office found that the substance of the Time Share Ordinance applies to and prohibits “fraction al- ownership” and fractional-use operations like Pacaso’s — but the Time Share Ordinance has not been updated since its adoption in 1996 and could do more to put companies like Pacaso and their potential buyers on notice of the City’s time-share restrictions. The City Attorney’s office concluded that the Time Share Ordinance would benefit from an update

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to refine the definitions to more directly address the impacts of time-share uses, to clarify the means used by the City to enforce the restrictions on time-share uses, and to clarify how time-share uses are treated (Attachment 1).

The City’s Planning Commission reviewed the Time Share Ordinance at a public hearing on August 29, 2024, and unanimously recommended approval to the City Council under PC Resolution No 2024-06 (Attachment 2).

ANALYSIS

The Analysis section of the Staff Report is organized as follows: First, the section provides a brief explanation for the City’s conclusion that the homes that have been mar keted by Pacaso constitute time-share projects. While the City’s conclusion does not directly affect the changes to the Zoning Code set forth in the proposed ordinance, it is helpful to understand that the Time Share Ordinance, both in its original form and as proposed to be amended, is intended t o protect against the impacts that these homes and similar uses could have on the City’s housing supply and the character of the City’s residential districts. Second, this section discusses the legal basis for the City’s Time Share Ordinance, the reasons why the City prohibited time share uses in residential properties, and why those reasons continue to apply today. Third, this section outlines the changes made in the proposed ordinance and the reasons for the proposed changes.

A. Current Time Share Ordinance and Application to Pacaso Homes Section 21.04.090 of the Zoning Code prohibits the creation of a time -share project in any zone within the City. A time-share project is defined in section 21.08.462 as: a project “in which a person or entity receives the right or entitlement in perpetuity, for life or for a term of years or other extended term of the recurrent, exclusive use, right to use or occupancy of a lot, parcel, unit room(s), hotel or portion thereof, or segment of real property annually or on some other seasonal or periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the time share program which is involved has been divided. The right or entitlement to occupan cy may attach in advance to a specific lot, parcel, unit, room(s), or portion of a hotel or segment of real property, or may involve designation or selection of the same at a future time or times. The interest obtained or owned by the occupant may be pursuant to a fee, lease, contractual right of exclusive occupancy, vacation license, prepaid hotel, reservation, club membership, limited partnership, vacation bond or otherwise. ” (Section 3.12.020 has a similar definition of “time share program” for purposes of transient -occupancy tax.) Together, the definition in section 21.08 .462 and the prohibition in section 21.04.090 govern time-share uses of all kinds, including the fractional-ownership and fractional-use model promoted by Pacaso.

Pacaso provides a significant amount of information on its website regarding the manner in which its homes are used by the purchasers of a Pacaso home. According to Pacaso’s website, the single family residences marketed by Pacaso are held by a property-specific

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limited liability company (“LLC”), and each co -owner purchases a 1/8 share in the LLC. (Pacaso.com/learn) Each 1/8 share entitles the co-owner to 44 stay nights within any 365 day window. Stays can be from 2 to 14 nights in dur ation for each 1/8 share. Back -to- back stays are not permitted. (Pacaso.com/faq/scheduling) Stays are booked on an app, with specific rules governing the number of “special dates” that each co-owner can book, and the number of stays that each owner can book during “peak seasons.” (I bid.) Each owner can book the residence to use themselves, or may allow guests to use the residence, whether or not the co -owner is present. (I bid.) Between each stay, Pacaso conducts a thorough inspection and cleaning. (“5 reasons Pacaso is better than a timeshare.” Pacaso.com/blog/better-than-resort-timeshare.)

To summarize, the Pacaso model grants each 1/8 owner the right to use the property for a specific period of time (44 days in a year) in increments of 2 to 1 4 days. The use, occupancy, and possession of the property circulates among the co-owners according to a floating time schedule that gives each co -owner exclusive rights to the property for a specific period of time each year. The use is inherently one of transitory occupancy. This use structure fits squarely in the City’s definition of a time -share program, and the properties operated by Pacaso in this manner are therefore time share projects under the existing Time Share Ordinance.

B. Reasons for the Existing Time Share Ordinance

1. The City’s General Plan
The City of Indian Wells has long been defined by its small-scale, residential -resort quality. In commencing with the Indian Wells General Plan Update 2040, the City noted that one of the focuses of the General Plan will be to maintai n adequate sites to accommodate the City’s Regional Housing Needs Allocation (“RHNA”) while retaining the residential-resort lifestyle.

2. Use of Zoning to Preserve Residential Areas
The use of zoning to preserve the character of the residential districts of a City has been common for over a century. In the seminal case of Euclid v. Ambler the United State Supreme Court upheld the validity of comprehensive zoning that would set aside residential districts “from which business and trade of every sort, including hotels and apartment houses, are excluded.” (Euclid v. Ambler Co. 272 U.S. 365, 390.) The U.S.

Supreme Court upheld the Village of Euclid’s zoning ordinance in that instance, noti ng that the inclusion of non-residential uses in residential districts may have an increasingly deleterious impact on the residential area “until, finally, the residential character of the neighborhood and its desirability as a place of detached residences are utterly destroyed.” (Id. at 394.)

The California Court of Appeals followed Euclid and subsequent cases in upholding the City of Carmel -by-the-Sea’s zoning restriction on short -term rentals. (Ewing v. City of Carmel-By-The-Sea (1991) 234 Cal.App.3d 1579.) In that case, the Court noted that the

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City’s chief purpose in adopting the short -term rental restriction was “to provide an appropriately zoned land area within the City for permanently single -family residential uses and structures and to enhance and maintain the residential character of the City.” (Id. at 1579.) In upholding Carmel’s short -term rental restriction, the Court found that short-term rentals “undoubtedly affect the essential character of a neighborhood and the stability of a community. Sh ort-term tenants have little interest in public agencies or in the welfare of the citizenry. They do not participate in local government, coach little league, or join the hospital guild. They do not lead a scout troop, volunteer at the library, or keep an eye on an elderly neighbor. Literally, they are here today and gone tomorrow — without engaging in the sort of activities that weld and strengthen a community.” (Id. at 1591.)

3. Impacts of Time Share Uses on Residential Districts
Like Carmel, the City strives to maintain the character of its resort-residential areas in the face of intense demand for accommodations to serve visitors to the City. The Time Share Ordinance is one of the means that the City has in place to ensure that it is able to maintain its existing and limite d housing stock for use in long -term residency, and to maintain the character of its residential zoning districts.

i. Housing Shortages and Impacts of Time-Share Uses on Existing Housing Stock
In adopting the current Time Share Ordinance, the City Council implicitly prioritized long- term occupancies and accessible housing . That continues to be the case, and is undoubtedly worse than was the case at the time the Time Share Ordinance was originally adopted.

The City has made and continues to make efforts to address the need for affordable housing in the City. The City has also ensured that new non-residential development will assist the City in providing adequate affordable housing . These efforts, however, have highlighted the challenges of providing housing at all income levels, with the most significant challenge being a limited supply of existing housing stock in the City, and a limited supply of available land for new housing. Given the housing shortage already in existence, losing additional housing stock will only make this problem worse.

The conversion of homes to time -share projects has always threatened to eliminate residential dwelling units that would otherwise be available for long-term residential use.

This continues to be true, as a home that is used for time -share purposes will no longer be available for households to use as their long -term residence. This threat to the City’s existing housing stock is not insignificant. The publicit y regarding Pacaso’s rise as a company speaks to a pent up demand for homes that could be converted to time-share use, reducing a vailable housing stock for long -term use. Pacaso’s co -founder has indicated that “[t]here are tens of millions of families that aspire to own second homes but are unable to, due to reasons of cost.” ( “Just Five Months Old, Zillow Co -founder’s Pacaso Claims It’s Already A Unicorn” Noah Kirsch (March 24, 2021 )

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(https://www.forbes.com/sites/noahkirsch/2021/03/24/just-five-months-old-zillow- cofounders-pacaso-claims-its-already-a-unicorn/.) In discussing Pacaso’s model, Dan Wenhold of the venture capital firm Fifth Wall said “[t]hey were taking a previously illiquid asset, which was a timeshare, and making it affordable for the masses, also making it attainable for folks who wanted to own a second home but previou sly weren’t able to.” (“Pacaso, the Proptech Startup Founds by Zillow Alums, Raises $125M Series C” Sophia Kunthara (September 14, 2021) (news.crunchbase.com/news/proptech-startup-pacaso- raises-125m-series-c.) Creating a new market for these prospective buyers who otherwise would not buy second homes unquestionably increases demand for these homes by creating an incentive for time-share companies to buy up residences to meet this market demand. Creating more demand, and reducing supply, will further ratchet up housing costs, exacerbating the already significant housing shortage in the City.

ii. Impacts to Character of the City’s Residential Districts Time-share projects have the same character istics and impacts as commercial hotels, motels, and other transi ent occupancy uses due to their transient nature and to the multiple short -term occupancies by those participating in time -sharing projects. The current Time Share Ordinance effectively concludes that this commercial or quasi - commercial-like use is inappro priate in residential areas . This makes sense due to the increased traffic generation and multiple occupancies disturbing the peace and quiet of residential neighborhoods. This continues to be the case, as the nature of time -share uses of residential property is different than the typical long -term residential uses for which the residential districts of the City are intended.

The intensity of this use is a significant reason that these uses can change the character of a residential neighborhood. Long -term residents, whether owners or renters, will occasionally have guests, and will occasionally have parties, but these time-share homes are used exclusively by people who are coming to the City on a short -term basis for vacation or leisure. People in that situation will typically stay out and stay up later, entertain more and gather in larger numbers while on vacation. That is the reason that these transitory lodgings are more appropriate in non-residential areas that are intended to cater to the City’s visitors and tourists. Time-share uses can change the character of a residential neighborhood by having it serve not only as a residential area but also a visitor- lodging area, and subjecting the neighborhood to the impacts that come with that more intense land use.

In its marketing materials, Pacaso cites this intensity of use as a benefit, indicating that having these units filled with visitors seven days a week will benefit the local economy, since these visitors will patronize local businesses. (pacaso.com/communities) However, as noted above, the City strives through its General Plan to achieve a balance between benefits to the local economy and maintaining the character of the City. Bringing more visitors into residential neigh borhoods to improve the local economy does not help to achieve that balance. Instead, it tips the scales in favor of the local tourism economy, at the expense of the residential character of these neighborhoods.

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The nature of the time-share use itself can impact the residential character of the City’s residential districts because it will ensure that th e time-share users can only use their property for a limited amount of time each year. In the case of Pacaso owners, each stay is limited to 2 to 14 days. As discussed above, in the Ewing v. City of Carmel-by-the-Sea case, the California Court of Appeal found that short -term rentals would affect the essential character of a neighborhood and the stability of a community. The Court noted that “[s]hort term rent[ers] have little interest in public agencies or in the welfare of the citizenry. They do not participate in local government, coach little league, or join the hospital guild. They do not lead a Scout troop, volunteer at the library, or keep an eye on an e lderly neighbor. Literally they are here today and gone tomorrow —without engaging in the sort of activities that weld and strengthen a community.” The same problem is present with time-share uses.

C. Proposed Amendments to the Time Share Ordinance
The proposed ordinance would make certain changes to the City’s e xisting Time Share Ordinance, as described below.

1. Findings and Establishment of New Chapter
The proposed ordinance includes detailed recitals and findings describing the policy bases for the City’s regulation of time-share uses. The findings are consistent with the findings made as part of the original Time Share Ordinance, but more detail has been added. The policy bases for the proposed ordinance are discussed in the sections above, and further discussion is not necessary here.

The proposed ordinance also rel ocates the restrictions on time -share uses to its own chapter at Chapter 21.32. The Time Share Ordinance is currently located in Section

21.04.090. City staff believes that with the add ed level of detail in the proposed ordinance, these provisions merit being located in a separate chapter, and recommends the new location of the Time Share Ordinance accordingly.

2. Definitions
The proposed ordinance expands beyond section 21.04.090 to create definitions that are used to define time -share uses. The new definitions are modeled on the definitions utilized by the state to regulate time -shares in the Vacation Ownership and Time -Share Act of 2004 (Bus. & Prof. Code §§11210 –11288), but are modified somewhat to better apply in the land use regulation context.

The new ordinance includes a number of definitions that work in concert to define a time- share use. The ordinance defines a “time -share use” as the use of one or more accommodations, or any part thereof, as part of a time -share property pursuant to a time-share plan. An “accommodation” is defined in this Chapter to include a range of residential units that could potentially be used for time -share purposes. The types of

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residential u nits that can be accommodations are liste d at the beginning of Section

21.32.020 in the proposed ordinance. A “time -share plan” is defined in the ordinance, and generally includes any arrangement, plan, scheme or similar device whereby a purchase receives the right to exclusive use of the accommodation, whether through the granting of ownership rights, possessory rights or otherwise, for a period of time less than a full year during any given year. A “time-share property”, in turn is defined as one or more accommodations that are subject to the same time-share plan together with any property rights that are appurtenant to the accommodations. A “time-share instrument”, is the document or documents that create or govern the operation of the time-share plan.

Therefore a time -share use is the use of a residential property that fits within the definition of an “accommodation” under the ordinance, pursuant to a ”time -share plan,” which grants each owner of the time -share property exclusive use of the property for a certain period of time each year, but not the full year.

The focus here is not on ownership, but use.

It is important to note that not all properties with multiple owners or owned by business entities (such as LLCs) would constitute a time -share use und er these definitions. The definitions focus on the manner in which the accommodation is used, not how it is owned.

A time-share use allows each owner exclusive use of the property for a specific period of time. This manner of use prevents the property from being used for long-term residency, and leads to the continual cycling of visitors through the property and the more intense, constant vacation-oriented use that the ordinance seeks to limit in residential districts of the City.

A property that is owned by a group of friends or extended family members, whether through a separate business entity or otherwise, will not necessarily mandate that only one owner will be able to use the property at a time. The more formal arrangement found in time-share uses increases the intensity of use, in that each individual time-share owner cycles through the property, whereas families or friends are more likely to use the property together or in groups leading to less transition in the residential neighborhood.

The more fo rmal relationship, use of professional property managers and rights to exclusive use found in time -share uses contributes to the commercial character of the property, with added traffic due to the more frequent turnover of visitors and more frequent cleaning and inspection between each user, which is common for a commercial vacation property, but not for a home owned by family or friends.

3. Enforcement
The new ordinance additionally adopts a new enforcement structure for the City time - share restrictions. The ordinance prohibits both the use of accommodations for time - share use, and the advertisement of accommodations for time-share uses. This will better allow the City to prevent time-share uses in residential neighborhoods before they occur.

The proposed ordinance also outlines the process that will be used to enforce this new

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Chapter, again based on the City’s existing regulations. This approach has proved to be effective in enforcing the City’s other regulations, and will help the City to t ake a more preventative approach to enforcing its time -share regulations as well. The proposed ordinance does include a different administrative -fine amount, to effectively deter violations.

FISCAL IMPACT:

The proposed ordinance will not result in any new cost to the City.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This action has been reviewed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the environmental regulations of the City. The City, acting as Lead Agency, has determined this action is not subject to CEQA because the adoption of this ordinance is not a “project” pursuant to Sections 15060(c)(2) and 15060(c)(3) of Title 14 of the California Code of Regulations. Specifically, this ordinance only affirms and clarifies existing regulations regarding time -share uses within the City and merely authorizes administrative and implementation activities which will not result in a direct or reasonably foreseeable indirect physical change to the environment.

Moreover, under Section 15061(b)(3) of the State CEQA Guidelines, this ordinance is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment.

ATTACHMENTS:

1. Ordinance

2. PC Resolution

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ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, ADDING CHAPTER 21.32 “TIME-SHARE USES” TO TITLE 21 OF THE INDIAN WELLS MUNICIPAL CODE ; DELETING SECTION

21.04.090; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA UNDER CEQA GUIDELINES SECTIONS 15060(C)(2), 15060(C)(3), AND 15061(B)(3)
WHEREAS, the City of Indian Wells is a popular tourist destination, known for its world- class resorts and small town residential-resort character; and WHEREAS, preserving the quality and character of the City has been a focal point of the City’s land use planning for decades; and
WHEREAS, the City stands out in the Coachella Valley for its ability to attract visitors while also supporting the needs of its resident population. Maintaining the balance between the quality of life for residents and those who work in the City and the visitors who help to sustain the City’s tourist economy is key to maintaining a sustainable community and a stable economy; and
WHEREAS, the City values and welcomes all visitors to the City and recognizes their contributions to the City’s economy, but finds that in order to maintain the City’s long -term viability as a community where people not only come to visit, but also live, work, and contribute to the long-term betterment of the community through participation in the City’s schools, local community groups, civic government , and local serving businesses, the City must maintain a balance between residential land uses and visitor-serving uses; and WHEREAS, the City’s existing housing stock is significantly impacted, with demand outweighing supply, resulting in extremely high housing prices as detailed in the accompanying staff report. A limited supply of suitable vacant land, exorbitantly high land costs, and limitations in the City’s existing infrastructure, among other factors , can constrain the construction of additional housing in the City; and
WHEREAS, as noted in the Housing Element of the City’s General Plan, which was certified in July 2024, the City is actively seeking to address the City’s housing challenges and facilitate the development of affordable housing; and
WHEREAS, these efforts have highlighted the challenge of providing sufficient housing to meet demand, particularly at more affordable levels, due to the significant costs of acquiring housing or land for the development of housing in the City and the limited supply of such land; and
WHEREAS, the conversion of existing residential units to uses other than long -term residential use will further reduce the City’s existing long -term housing supply, causing further imbalance between the demand for housing in the City and the existing supply, not only altering the character of the City’s residential neighborhoods, but also presenting further challenges to the City’s efforts to provide affordable housing within the community; and ATTACHMEMT #1

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City of Indian Wells
Ordinance No. ___

WHEREAS, the City additionally has, for many years, worked to preserve its existing housing stock for long -term residential use, both to maintain the character of its residential neighborhoods and prevent residential districts from becoming visitor - and tourist -serving districts, and to ensure that the housing stock would not be converted to uses other than long - term residential uses; and

WHEREAS, to this end, in 1996, the City adopted Ordinance No. 387, which prohibited the creation of time-share projects as a use within any zone of the City, with only two exceptions for legacy projects . The City imposes this restriction because (a) the use of land and the conversion of residential dwelling units to time -share projects would reduce the availability of residential dwelling units that would otherwise be available for long -term occupancies and (b) time-share projects are inappropriate in residential areas because those uses have the same character as commercial hotels, motels, and other transient-occupancy uses and would result in increased traffic generation and multiple occupancies disturbing the peace and quiet of residential neighborhoods; and

WHEREAS, the City has historically not received complaints about time -sharing uses in residential neighborhoods (because they are clearly prohibited) . In recent years , however, the City began receiv ing complaints regarding single -family homes in the City that were being marketed and sold as “fractional ownership” or “co-ownership” homes, wherein each buyer may acquire a one -eighth interest in a limited liability company that own s the home . Under the structure through which these dwelling units are marketed and sold, each owner gets a one - eighth share along with the right to use the home for one-eighth of each year indefinitely. During each owner’s usage period, that owner has exclusive use of the entire house. All r entals are prohibited; only owners and their guests are permitted to use the house. Each owner pays regular assessments to fund the operating costs of the home and maintenance reserves; and

WHEREAS, this arrangement, which provides that each purchaser is entitled to exclusive use of the property for a fixed number of days each year , is a “time-share plan” as defined in Business and Professions Code section 11212 , and a “time share project” as defined in Section

21.08.462 and a “time share program” as defined in Section 3.12.020 of the City’s Municipal Code; and

WHEREAS, the City is aware of numerous complaints regarding these properties in the City and elsewhere , including parking impacts from large numbers of people staying at these properties; excessive noise late into the evening due to frequent outdoor parties; traffic due to frequent visitor turnover; traffic, noise and parking concerns due to frequent visits from cleaning, landscape maintenance and pool cleaning services that come to the properties in between each stay to prepare the home for the next guest; and an inability to maintain lines of communication to set community expectations with the users of the unit, as visitors only frequent the homes for short term stays of 2 to 14 days; and

WHEREAS, the complaints received by the City and other jurisdictions are reflective of the reasons that the City prohibited time-share projects within residential areas of the City. The time-share uses provide a short -term, high-impact, vacation-oriented use of property , where those that buy into the time-share use the home for entertaining and short-term stays while